SIMPSON v. MONTAG

4329, 22753/02.

81 A.D.3d 547 (2011)

917 N.Y.S.2d 181

EDWARD J. SIMPSON, SR., et al., Respondents, v. MOSHE MONTAG et al., Appellants.

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

Decided February 22, 2011.


Defendants established their prima facie entitlement to judgment as a matter of law by submitting evidence showing that plaintiffs' injuries were not the result of the subject accident. Although defendants' doctors did not examine plaintiffs until approximately eight years after the accident, the doctors, in rendering their conclusions, also relied on medical evidence contemporaneous with the accident (see Reyes v Esquilin, 54 A.D.3d 615

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