LIVAI v. AMOROSO


239 A.D.2d 565 (1997)

658 N.Y.S.2d 973

Sabrina Livai, Respondent, v. Andrew Amoroso, Defendant and Third-Party Plaintiff-Respondent. Danny Livai, Third-Party Defendant-Appellant

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

May 27, 1997


Ordered that the order is affirmed insofar as appealed from, with costs.

In opposition to the motion for summary judgment, the plaintiff submitted an affirmation of her treating physician, dated February 29, 1996, which was based on a recent examination. The affirmation indicated that as a result of the accident, the plaintiff had a 20% restriction of motion of her cervical spine caused by cervical osteoarthritis, and a continued impression of cervical radiculopathy...

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