JACKSON v. J. DELOSSANTOS-DIAZ

4478, 101872/09.

82 A.D.3d 489 (2011)

918 N.Y.S.2d 97

CHANTEL S. JACKSON, Respondent, v. J. DELOSSANTOS-DIAZ, Appellant.

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

Decided March 8, 2011.


Defendant failed to meet his initial burden to show that no triable issue of fact exists as to whether plaintiff sustained a significant limitation within the meaning of Insurance Law § 5102 (d). The report by defendant's orthopedic expert, based on a recent examination, found limitations in range of motion in plaintiff's left shoulder but failed to set forth objective findings as to whether the limitations were significant or caused by the subject accident (see Shaw...

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