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HOISINGTON v. SANTOS

48 A.D.3d 333 (2008)

851 N.Y.S.2d 528

BARBARA HOISINGTON, Respondent, v. LIRIANO SANTOS, Appellant.

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

Decided February 26, 2008.

The report of defendant's expert orthopedist addresses plaintiff's condition at the time of examination, more than three years after the accident, and therefore is insufficient to establish that plaintiff was not incapacitated from performing substantially all of her customary and daily activities for 90 of the 180 days immediately following the accident. However, the report establishes, prima facie, based on the results of numerous...

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