GARCIA v. LEON


70 A.D.3d 566 (2010)

MARK A. GARCIA et al., Respondents, v. FERNANDO A. LEON et al., Appellants.

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

Decided February 23, 2010.


Defendants do not argue on appeal that the court erred when it ruled defendants failed to meet their initial burden of proof as to plaintiff Mark Garcia's injuries, as they limited their brief to a discussion of only Jennifer Garcia's injuries. Assuming that defendants met their initial burden as to plaintiff Jennifer Garcia, the affidavit of her treating chiropractor, taken in conjunction with her medical experts' unsworn statements and her MRI tests, raises questions as...

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