GLOVER v. CAPRES CONTRACTING CORPORATION


61 A.D.3d 549 (2009)

877 N.Y.S.2d 75

NICOLE GLOVER, Respondent, v. CAPRES CONTRACTING CORPORATION et al., Appellants.

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

Decided April 21, 2009.


Defendants' orthopedic expert, Dr. Kerness, reported ranges of motion for the affected knee and compared them to the norm. According to these tables, plaintiff suffered no range-of-motion limitations. Dr. Kerness also performed numerous objective tests, all of which were negative, and his report established, prima facie, that plaintiff did not suffer a "significant" or "permanent consequential limitation" with respect to the functioning of the knee. Plaintiff, in turn, failed...

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