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SHAPIRA v. CITY OF NEW YORK

70 A.D.3d 525 (2010)

895 N.Y.S.2d 74

AMANDA SHAPIRA, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided February 18, 2010.

Plaintiff's failure to present objective evidence of physical limitations attributable to the disc herniations seen on her MRIs is fatal to her claim of serious injury to her spine (Pommells v Perez, 4 N.Y.3d 566, 574 [2005]). As to her claim of significant disfigurement as a result of a nasal fracture, plaintiff's contention that the trial court gave her too short a continuance to obtain the hospital records that would document...

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