DELGADO v. PAPERT TRANSIT, INC.

7028, 100339/09.

93 A.D.3d 457 (2012)

939 N.Y.S.2d 457

2012 NY Slip Op 1741

FRANKLIN WILSON DELGADO, Respondent, v. PAPERT TRANSIT, INC., et al., Appellants.

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

Decided March 8, 2012.


In this action for personal injuries in which plaintiff, a pedestrian, was struck by a taxi, defendants made a prima facie showing of entitlement to judgment as a matter of law with respect to plaintiff's injury to his left knee by submitting the affirmed report of an orthopedist, who concluded, after examination and testing of ranges of motion, that plaintiff had no range-of-motion limitations (see Toure v Avis Rent A Car Sys., 98 N.Y.2d 345

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