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WELLS v. SECKA

11 A.D.3d 240 (2004)

783 N.Y.S.2d 24

ANGEL NICOLE WELLS, Appellant, v. DAM S. SECKA et al., Respondents.

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

October 7, 2004.

No issues of fact as to serious injury are raised by the report of plaintiff's treating physician (see Insurance Law § 5102 [d]; Gaddy v Eyler, 79 N.Y.2d 955, 956-957 [1992]). Purporting to describe the seriousness of plaintiff's injuries shortly after the accident, the report merely indicates the numeric percentages of various ranges of motion in plaintiff's spine and shoulder...

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