BARHAK v. ALMANZAR-CESPEDES

8847, 300984/10.

101 A.D.3d 564 (2012)

957 N.Y.S.2d 40

2012 NY Slip Op 8792

DANIEL BARHAK, Appellant, v. L. ALMANZAR-CESPEDES, Respondent.

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

December 20, 2012.


Plaintiff alleges that as a result of a rear-end motor vehicle accident that occurred in August 2009, he sustained permanent injuries to his cervical spine, lumbar spine, left elbow, and left shoulder. Defendant met his prima facie burden by submitting, among other things, the affirmation of an orthopedic surgeon who found upon recent examination that each body part exhibited full range of motion (see Spencer v Golden Eagle, Inc., 82 A.D.3d 589

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