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MERKEL v. QI ZHENG-FREDERICKS

278 A.D.2d 208 (2000)

717 N.Y.S.2d 244

WAYNE MERKEL et al., Appellants, v. YU QI ZHENG-FREDERICKS, Respondent.

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

Decided December 4, 2000.

Ordered that the order is affirmed, with costs.

The defendant established a prima facie case that the injuries sustained by the plaintiff Wayne Merkel were not serious (see, Gaddy v Eyler, 79 N.Y.2d 955, 956-957). The defendant submitted an affirmed report of an orthopedic surgeon who examined Mr. Merkel and concluded that there was no objective evidence of any orthopedic disability from the motor vehicle accident.

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