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CILLO v. SCHIOPPO

250 A.D.2d 416 (1998)

673 N.Y.S.2d 628

Clementine Cillo, Appellant, v. Anthony Schioppo et al., Respondents

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

May 12, 1998

Defendants' motions were properly predicated upon medical reports prepared by plaintiff's treating physicians, which, contrary to her bill of particulars, do not show that she sustained a fracture or a permanent or significant loss of use of a body function or system, and upon her deposition testimony, in which plaintiff asserted that she was unable to return to work for eight months after the accident but admitted that the only...

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