DEJESUS v. CRUZ

2799, 24463/06

73 A.D.3d 539 (2010)

902 N.Y.S.2d 503

MILDRED DEJESUS, Respondent, v. JULIO CRUZ et al., Appellants.

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

Decided May 13, 2010.


Defendants established their prima facie entitlement to summary judgment by submitting the report of their expert orthopedist, who, after examining plaintiff and reviewing her records, found that plaintiff had normal range of motion in her left knee and that there was no finding suggesting a traumatic injury due to the accident. The expert further opined that plaintiff demonstrated normal range of motion in her cervical spine, and, with the exception of lateral movement,...

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