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SANTANA v. KHAN

48 A.D.3d 318 (2008)

851 N.Y.S.2d 515

MAYRA SANTANA, Plaintiff, and GERALDO LOPEZ, Appellant, v. NAZAM KHAN, Respondent, et al., Defendants.

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

Decided February 21, 2008.

Defendant's medical evidence in support of the motion showed that appellant has normal range of motion in his cervical and lumbar spine and shoulders and that he did not otherwise sustain a serious injury as a result of the accident, and therefore satisfied defendant's initial burden on the motion "notwithstanding the existence of MRI reports indicating that [appellant] had herniated or bulging discs" (Style v Joseph, 32 A.D.3d 212

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