DIEUJUSTE v. KISS MANAGEMENT CORPORATION


60 A.D.3d 514 (2009)

875 N.Y.S.2d 464

JULIEN M. DIEUJUSTE, JR., Respondent, v. KISS MANAGEMENT CORPORATION et al., Appellants. (And Another Action.)

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

Decided March 17, 2009.


An issue of fact as to whether plaintiff sustained a serious injury to his right wrist is raised by the affirmed reports of plaintiff's treating physician, who initially examined plaintiff 11 days after the accident and determined that the pain, tenderness, and limited range of motion and grip strength in plaintiff's right wrist, coupled with plaintiff's abnormal MRI showing several sprains and the absence of any preexisting injury, indicated that plaintiff had sustained...

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