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BROWN v. CITY OF NEW YORK

29 A.D.3d 447 (2006)

815 N.Y.S.2d 88

WAYNE BROWN, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

May 23, 2006.

Defendants' expert, an orthopedic surgeon, affirmed that his examination of plaintiff did not disclose any disability and plaintiff failed to provide any reasonable explanation for the undisputed circumstance that he ceased all treatment for his alleged permanent injuries some six months after the accident (see Pommells v Perez, 4 N.Y.3d 566, 574 [2005]). The bare assertion by plaintiff...

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