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PARADIS v. BURLARLEY

3 A.D.3d 718 (2004)

769 N.Y.S.2d 920

ANGELA PARADIS et al., Appellants, v. RALPH BURLARLEY, Respondent, et al., Defendant.

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

January 15, 2004.

Lahtinen, J.

Plaintiff Angela Paradis (hereinafter plaintiff) allegedly developed a problem with her left shoulder following a motor vehicle accident with defendant Ralph Burlarley (hereinafter defendant). She eventually had surgery on the shoulder. Plaintiff and her husband, derivatively, commenced this action asserting that she had sustained a serious injury as a result of the accident. Although defendant stipulated that his negligence caused the accident, he contended...

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