CRUZ v. LUGO

1444.

67 A.D.3d 495 (2009)

889 N.Y.S.2d 560

2009 NY Slip Op 08145

EFRAIN CRUZ, Appellant, v. SANDRA LUGO et al., Respondents.

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

Decided November 12, 2009.


Defendants met their initial burden of establishing prima facie that plaintiff did not sustain a serious injury by submitting the reports of experts who, after examining plaintiff and reviewing MRI studies taken shortly after the accident, diagnosed resolved strain or sprain of the cervical and lumbar spine and resolved sprain of the left shoulder, with full range of motion in both areas. One of the experts reported that an MRI study of plaintiff's lumbar spine taken three...

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