JOHNSON v. GARCIA

4530, 8435/06.

82 A.D.3d 561 (2011)

919 N.Y.S.2d 13

AILEEN JOHNSON et al., Respondents, et al., Plaintiff, v. FELIX E. GARCIA, Appellant.

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

Decided March 17, 2011.


Defendant established prima facie that plaintiff did not sustain a serious injury to her lumbar spine as a result of the March 26, 2003 accident. He submitted the reports of two doctors who concluded, based on their examinations of plaintiff, that the range of motion in her lumbar spine was normal and that any spinal strain or sprain had been resolved, and the reports of two other doctors, who concluded that the spinal condition was a preexisting degenerative condition that...

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