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WILLIAMS v. PARKE

1 A.D.3d 240 (2003)

767 N.Y.S.2d 423

MIZWELL WILLIAMS, Respondent, v. JAMES PARKE et al., Appellants, et al., Defendant. (And Other Actions.)

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

November 20, 2003.

Plaintiff's doctor's affirmation, correlating significant quantified range of motion limitations in plaintiff's lower back, among other conditions, to herniated and bulging discs revealed in an MRI taken shortly after the accident in October 2000, and opining that the disability to plaintiff's back is permanent, is sufficient to raise an issue of fact as to whether plaintiff sustained a serious injury (see Cespedes v McNamee, 308 A.D.2d 409

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