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CARUSO v. STARK

232 A.D.2d 518 (1996)

648 N.Y.S.2d 965

Julio Caruso et al., Appellants, v. Alexandria Stark, Respondent

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

October 21, 1996

Ordered that the order is reversed, on the law, with costs, the defendant's motion for summary judgment is denied, and the complaint is reinstated.

In order to establish that the plaintiff Julio Caruso sustained a "significant limitation", as he claimed in his verified bill of particulars, he was required to provide objective evidence of the extent or degree of the limitation and its duration (see, Beckett v Conte, 176 A.D.2d 774

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