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DE LA ROSA v. GOMEZ

4720, 101893/09.

84 A.D.3d 665 (2011)

924 N.Y.S.2d 59

PASCUELA DE LA ROSA, Respondent, v. MARIA A. GOMEZ et al., Defendants, and ELIGIO F. HIDALGO et al., Appellants.

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

Decided May 26, 2011.

Defendants established prima facie entitlement to summary judgment as a matter of law with respect to whether plaintiff sustained a "permanent consequential limitation of use of a body organ or member," or a "significant limitation of use of a body function or system" within the meaning of Insurance Law § 5102 (d) by submitting the reports of two physicians who examined the plaintiff and found full range of motion in her cervical...

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