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GONZALEZ v. BEALE

37 A.D.3d 278 (2007)

830 N.Y.S.2d 95

ANGEL GONZALEZ, Appellant, v. MOTEA BEALE et al., Respondents.

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

Decided February 15, 2007.

Plaintiff's evidence in response to defendants' prima facie showing that the subject February 2001 accident did not cause a serious injury within the meaning of Insurance Law § 5102 (d) consisted mainly of his chiropractor's June 2005 affidavit and accompanying report of a May 2005 examination, both prepared after defendants had cross-moved for summary judgment. The chiropractor had last seen plaintiff approximately seven months...

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