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SANTOS v. NEW YORK CITY TR. AUTH.

8295, 307082/09.

99 A.D.3d 550 (2012)

952 N.Y.S.2d 179

2012 NY Slip Op 6873

DORIS SANTOS et al., Appellants, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents.

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

October 16, 2012.

Defendants failed to make a prima facie showing of their entitlement to judgment as a matter of law. Their orthopedist's unexplained findings of significant limitations in the cervical and lumbar spine (see Yamamoto v Carled Cab Corp., 66 A.D.3d 603 [1st Dept 2009]) conflict with their findings of an absence of serious injury to the spine (Feaster v Boulabat, 77 A.D.3d 440, 440-441 [1st...

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