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NIEVES v. CASTILLO

3012, 108448/04.

74 A.D.3d 535 (2010)

902 N.Y.S.2d 91

LOURDES NIEVES, Appellant, v. JOSE CASTILLO et al., Respondents.

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

Decided June 10, 2010.

Defendants carried their prima facie burden regarding plaintiff's claim of permanent injuries; contrary to plaintiff's assertion, defendants' medical expert's findings in this regard were based on objective tests. In opposition, plaintiff failed to raise an issue of fact, since one of her physicians did not opine as to causation of her claimed injuries (see Gibbs v Hee Hong, 63 A.D.3d 559, 559 [2009]), the other's conclusion...

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