MENDEZ v. MENDEZ

2475, 111435/04

72 A.D.3d 402 (2010)

897 N.Y.S.2d 102

CRISMARY MENDEZ, an Infant, by Her Mother and Natural Guardian, CHRISTINA DAVIS, et al., Respondents, v. ELIDO A. MENDEZ, Appellant.

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

Decided April 1, 2010.


Defendant established prima facie that plaintiff suffered no permanent consequential limitation of use of any body organ or member or significant limitation of use of a body function or system through the affirmed reports of his experts, who examined plaintiff and found full ranges of motion in her cervical and lumbar spine and left ankle, and opined that the sprains in those areas of her body had resolved and that she had no permanent injury (see Gaddy v Eyler, ...

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