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VALDEZ v. BENJAMIN

8423, 301239/10.

101 A.D.3d 622 (2012)

957 N.Y.S.2d 325

2012 NY Slip Op 9148

ANTHONY VALDEZ, Appellant, v. NORRIS D. BENJAMIN et al., Respondents.

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

December 27, 2012.

Defendants met their burden of establishing the absence of a serious injury to plaintiff's right knee by submitting their neurologist's report finding full range of motion, negative test results, and resolved injuries, and their radiologist's report finding absence of tears, trauma, or other causally related injuries (see Fuentes v Sanchez, 91 A.D.3d 418 [1st Dept 2012]). In opposition, plaintiff failed to raise a triable issue of...

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