QUEZADA v. LUQUE


27 A.D.3d 205 (2006)

810 N.Y.S.2d 463

JUAN QUEZADA, Appellant, v. JOSE G. LUQUE et al., Respondents.

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

March 2, 2006.


While the MRI taken two days after the April 2000 accident shows disc herniations, and the EMG studies performed in December 2000 show motor axon degeneration, they fail to raise an issue of fact as to whether plaintiff suffered a significant limitation of use of a body function or system in the face of defendants' prima facie showing that plaintiff had full ranges of motion in June 2004 and any injuries suffered in the car accident had fully resolved (see Smith v Brito...

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