CRUZ v. RIVERA

Nos. 7414, 15094/06.

94 A.D.3d 576 (2012)

942 N.Y.S.2d 91

2012 NY Slip Op 2811

NOEL CRUZ, Respondent, v. FELIX RIVERA, Appellant, et al., Defendants.

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

Decided April 17, 2012.


Defendant established his entitlement to judgment as a matter of law. Defendant submitted the affirmed report from an orthopedist who, based upon an examination of plaintiff, found full range of motion in the relevant parts of the body and concluded that all sprains/strains had resolved. Defendant also submitted plaintiff's bill of particulars and deposition testimony wherein he stated that he only missed about one week of work as a result of the accident.

Plaintiff...

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