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CARTHA v. QUINN

50 A.D.3d 530 (2008)

856 N.Y.S.2d 581

FRED L. CARTHA, Respondent, v. OMAR QUINN et al., Appellants, et al., Defendant.

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

Decided April 24, 2008.

Plaintiff's medical reports, while indicating disc and elbow injuries, do not correlate the range-of-motion measurements therein to a norm, or otherwise show how the alleged injuries to plaintiff's back and arm resulted in significant limitations in their use, and thus fail to rebut defendants' prima facie showing that plaintiff did not suffer any permanent or significant injuries as a result of the accident (see Toure v Avis Rent A Car Sys., 98 N...

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