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DeJESUS v. TANENBAUM

29 A.D.3d 852 (2006)

814 N.Y.S.2d 749

HILDA DeJESUS, Appellant, v. HOWARD E. TANENBAUM et al., Respondents.

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

May 23, 2006.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is denied, and the complaint is reinstated.

Although the plaintiff claimed that she had injured her neck in the subject accident and a magnetic resonance imaging scan indicated a disc bulge in that region, the affirmed report of the defendants' orthopedist did not reflect that he ever tested the range of motion of that part...

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