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PANNELL-THOMAS v. BATH

8238, 303014/10.

99 A.D.3d 485 (2012)

952 N.Y.S.2d 499

2012 NY Slip Op 6750

LORNA PANNELL-THOMAS, Respondent-Appellant, v. GURPRIT S. BATH, Appellant-Respondent.

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

October 9, 2012.

Defendant established prima facie that plaintiff did not sustain a "permanent consequential" or "significant" limitation of use of the spine by submitting the affirmed report of a neurologist noting the absence of permanent neurological disabilities, full ranges of motion, and negative objective tests (see Barry v Arias, 94 A.D.3d 499, 499 [1st Dept 2012]). Defendant also made a prima facie showing that plaintiff's injuries were...

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