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HOSPEDALES v. DOE

3881, 20773/06.

79 A.D.3d 536 (2010)

913 N.Y.S.2d 195

RECHARDE HOSPEDALES, Appellant, v. "JOHN DOE," Also Known as DANILO G. PERDOMO, et al., Respondents.

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

Decided December 14, 2010.

Plaintiff failed to raise an issue of fact in response to defendants' prima facie showing that plaintiff's alleged injuries are neither permanent nor significant and, moreover, not the result of the July 2005 automobile accident in question. More particularly, in support of the motion, defendants' orthopedic surgeon stated that he examined plaintiff in October 2007 and diagnosed him with a resolved sprain/strain of the cervical...

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