CEKIC v. ZAPATA

1981, 110704/06

69 A.D.3d 464 (2010)

895 N.Y.S.2d 334

2010 NY Slip Op 298

ASIM CEKIC et al., Appellants, v. CARLOS E. ZAPATA, Respondent.

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

Decided January 14, 2010.


Defendant met his initial burden by submitting the affirmed report of experts who examined plaintiffs and concluded, based upon objective tests conducted, that neither had suffered a permanent consequential limitation or a significant limitation of his/her lumbar or cervical spine as a result of the subject September 25, 2005 motor vehicle accident.

Although plaintiff Asim Cekic came forward with objective medical evidence of a limitation, such evidence is unavailing...

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