DE LA CRUZ v. HERNANDEZ

5172, 300398/09.

84 A.D.3d 652 (2011)

924 N.Y.S.2d 57

KATHERINE DE LA CRUZ et al., Appellants, v. JOAQUIN HERNANDEZ, Respondent.

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

Decided May 26, 2011.


Plaintiffs allege that they sustained serious injuries to their necks and lower backs as a result of being rear-ended by defendant in June 2007. Defendant made a prima facie showing that plaintiffs' injuries were not permanent or significant by submitting the affirmed reports of a neurologist who, based upon examinations of plaintiffs in October and November 2009, found no neurological disabilities and full ranges of motion, and concluded that all cervical and lumbar-sacral...

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