RUSSELL v. MITCHELL


59 A.D.3d 355 (2009)

874 N.Y.S.2d 71

MARCIA F. RUSSELL, Respondent, v. WAYNE A. MITCHELL et al., Defendants, and DARYL S. PAYNTER, Appellant.

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

Decided February 26, 2009.


Appellant established a prima facie entitlement to summary judgment by submitting the affirmed reports of an orthopedic surgeon and a neurologist, who reviewed plaintiff's medical records, examined her and performed detailed and objective tests before concluding that plaintiff had full range of motion in her cervical and lumbar spines and her shoulders, and that the sprain injuries she sustained had resolved (see Lunkins v Toure, 50 A.D.3d 399

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