MENSAH v. SALAH ENTERPRISES, INC.

6321, 103717/06.

90 A.D.3d 492 (2011)

934 N.Y.S.2d 156

2011 NY Slip Op 8987

CHARLES MENSAH, Respondent, v. SALAH ENTERPRISES, INC., et al., Appellants.

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

Decided December 13, 2011.


Defendants did not establish their entitlement to judgment as a matter of law. Defendants submitted affirmed medical reports of an orthopedist and a neurologist, who both examined plaintiff and found that he had normal ranges of motion in his lumbar spine and knees. However, the failure to indicate the objective tests used to determine the range of motion in plaintiff's lumbar spine precludes the grant of summary judgment (see Garvey v Talukder, 74...

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