WHISENANT v. FARAZI

1150.

67 A.D.3d 535 (2009)

891 N.Y.S.2d 13

2009 NY Slip Op 08468

HOUSTON WHISENANT, Respondent, v. RAFIUL FARAZI et al., Appellants.

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

Decided November 17, 2009.


Defendants met their initial burden of establishing prima facie that plaintiff did not sustain a serious injury to his left ankle through their examining orthopedist's affirmed report, which showed quantified range-of-motion findings within normal limits, and plaintiff's deposition testimony which indicated little or no restriction of his daily activities due to the hospital-diagnosed ankle sprain. The burden having shifted, plaintiff's orthopedist's finding of range-of-motion...

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