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ANDERSON v. ZAPATA

Nos. 5697, 100934/05

88 A.D.3d 504 (2011)

930 N.Y.S.2d 564

2011 NY Slip Op 7170

REBECCA ANDERSON et al., Respondents, v. SERGIO ZAPATA, Appellant.

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

Decided October 13, 2011.

Defendant's orthopedist found no limitations of motion regarding plaintiff Rebecca Anderson. Although defendant's neurologist found that she had limitations in 2010, there is no objective evidence to support a cervical injury (see Toure v Avis Rent A Car Sys., 98 N.Y.2d 345, 353 [2002]). Any alleged injuries to her knees were shown to be the result of a preexisting degenerative condition, which was confirmed, rather than refuted...

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