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SHIFREL v. SINGH

61 A.D.3d 401 (2009)

874 N.Y.S.2d 910

RANDY SHIFREL, Appellant, v. SARBJIT SINGH, Respondent.

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

Decided April 2, 2009.

Plaintiff's automobile was hit in the rear as he was stopped in traffic on the Cross Bronx Expressway. He complained of left shoulder pain at the Palisades Medical Center, and was advised to seek an evaluation by an orthopedic surgeon. That doctor, who testified at trial, ordered an MRI of plaintiff's left shoulder, which revealed a torn rotator cuff. The orthopedic surgeon related that the tear was acute and was not the result...

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