BALSHAN v. BOUCK


206 A.D.2d 747 (1994)

614 N.Y.S.2d 487

Reeva C. Balshan, Respondent, v. Melissa M. Bouck, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 21, 1994


Per Curiam.

Plaintiff brought this action to recover damages resulting from an injury she sustained on November 5, 1990 in an automobile accident. At the trial, plaintiff's medical expert testified that her X rays, taken two weeks after the accident, showed a stress-type fracture of her right shoulder blade. Defendant's expert countered that the X rays did not show a fracture.

At the end of plaintiff's case, defendant moved to dismiss the complaint for lack...

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