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PASSARELLE v. BURGER

278 A.D.2d 294 (2000)

717 N.Y.S.2d 348

KELLY PASSARELLE, Respondent, v. MELINDA BURGER, Appellant. (And a Third-Party Action.)

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

Decided December 11, 2000.

Ordered that the order is reversed insofar as appealed from, with costs, the motion is granted, and the complaint is dismissed.

The defendant met her burden on the motion by submitting affirmations of medical experts who examined the plaintiff and concluded that no objective medical findings supported her claim (see, Grossman v Wright, 268 A.D.2d 79, 83-84). The plaintiff's opposition was insufficient to raise a triable issue...

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