BORJA v. DELAROSA

5968, 16064/07

90 A.D.3d 407 (2011)

934 N.Y.S.2d 24

2011 NY Slip Op 8667

GABRIEL BORJA, Respondent, v. JULIO E. DELAROSA et al., Appellants.

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

Decided December 1, 2011.


Plaintiff was injured on September 16, 2006 when driving west on 155th Street in Manhattan. His vehicle was struck on the driver's side by a truck owned by defendant Benycol. Although defendants submitted sufficient evidence to rebut plaintiff's claim of serious injury to his shoulder, plaintiff submitted medical evidence in admissible form raising a triable issue of fact with respect to permanent limitations of motion of his cervical spine. Plaintiff's treating physician...

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