DURAN v. KABIR

7179, 304856/09.

93 A.D.3d 566 (2012)

941 N.Y.S.2d 50

2012 NY Slip Op 2173

CLAUDIA DURAN, Respondent, v. HUMAYUN KABIR, Appellant.

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

Decided March 22, 2012.


Defendant made a prima facie showing of his entitlement to judgment as a matter of law. Defendant submitted expert medical reports of a neurologist, who found normal ranges of motion, and of a radiologist who opined that changes shown in MRIs of the lumbar spine of the then 30-year-old plaintiff were degenerative, and that the MRI of the cervical spine showed no injury (see Spencer v Golden Eagle, Inc., 82 A.D.3d 589, 590-591 [2011...

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