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DELFINO v. LUZON

60 A.D.3d 196 (2009)

872 N.Y.S.2d 24

RAMOS AGUILAR DELFINO, Respondent, v. RODOLFO LUZON, Appellant.

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

January 22, 2009.

Attorney(s) appearing for the Case

Baker, McEvoy, Morrissey & Moskovits, P.C., New York City (Stacy R. Seldin of counsel), for appellant.

Shanker & Shanker, P.C., New York City (Steven J. Mines of counsel), for respondent.

TOM, J.P. FRIEDMAN, ACOSTA and FREEDMAN, JJ., concur.

OPINION OF THE COURT

BUCKLEY, J.

Defendant satisfied his prima facie burden of entitlement to summary judgment dismissing the complaint based on the affirmations of his expert witnesses. The defense radiologist's review of an MRI film of plaintiff's left shoulder, taken 17 days after the accident, showed normal osseous structures, labrum, deltoid muscle and biceps tendon, and no rotator cuff injury, tendinitis, osteochondral defect or fracture. There was...

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