POU v. E&S WHOLESALE MEATS, INC.

1655, 20990/05

68 A.D.3d 446 (2009)

2009 NY Slip Op 8970

890 N.Y.S.2d 47

CARLOS A. POU, Respondent, v. E&S WHOLESALE MEATS, INC., et al., Appellants.

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

Decided December 3, 2009.


Defendants met their initial burden of demonstrating the absence of any permanent or significant physical limitation of plaintiff's lumbar or cervical spine by submitting the affirmed report of an expert who examined plaintiff and concluded, based upon objective tests conducted, that he had not suffered a permanent consequential limitation or a significant limitation (see Onishi v N & B Taxi, Inc., 51...

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