LOPEZ v. MENDOZA


40 A.D.3d 436 (2007)

836 N.Y.S.2d 169

ANGEL LOPEZ, Appellant, v. JOSE MENDOZA, Respondent.

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

Decided May 22, 2007.


Plaintiff's expert, a physician who examined him both before and after surgery was performed on his shoulder on June 16, 2004, conducted certain range of motion tests in connection with his subsequent examination of plaintiff in September 2004. His affirmation was contradicted by the affirmations of physicians who examined plaintiff 13 months thereafter in October 2005. They stated that their examinations of plaintiff disclosed no range of motion limitations. Plaintiff submitted...

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