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DESOUZA v. HAMILTON

55 A.D.3d 352 (2008)

866 N.Y.S.2d 20

CASEY DESOUZA, Appellant, v. EUGENE M. HAMILTON et al., Respondents.

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

October 9, 2008.

No issue of fact as to permanence or significance is raised by plaintiff's physician's March 27, 2007 affirmation in opposition discussing and attaching contemporaneous reports of his examinations of plaintiff on February 1, 2005, three days after the accident, June 3, 2005, and March 2, 2007. Although the affirmation states that plaintiff ceased treatment on June 3, 2005, after four months of physical therapy, by which time plaintiff...

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