MEDINA-SANTIAGO v. NOJOVITS


5 A.D.3d 253 (2004)

773 N.Y.S.2d 294

JULIO MEDINA-SANTIAGO, Appellant, v. SAMUEL NOJOVITS et al., Respondents.

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

March 18, 2004.


While the September 2002 affirmation of plaintiff's treating physician quantifies plaintiff's loss of range of motion and opines that plaintiff sustained a significant limitation of use and function of his neck, back and upper/lower extremities as a result of the October 1999 accident, the doctor's opinion is based on examinations conducted in late 1999 and early 2000, at least 2½ years earlier. The passage of time between the doctor's findings and her affirmation, with...

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