BERNARDEZ v. BABOU

4776, 302836/09.

83 A.D.3d 499 (2011)

920 N.Y.S.2d 656

AURELIA BERNARDEZ, Respondent, v. MAME Y. BABOU et al., Appellants.

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

Decided April 14, 2011.


Defendants failed to meet their prima facie burden with respect to plaintiff's claim of permanent consequential and significant limitations in use of the lumbar spine, since their orthopedist did not find full range of motion and noted objective signs of injury upon examination (see Feaster v Boulabat, 77 A.D.3d 440 [2010]). Although the medical expert characterized plaintiff's response as subjective, there was no finding that her...

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