Defendants established prima facie the absence of a serious injury in Bermudez's cervical spine, lumbar spine, and right shoulder by submitting the affirmed report of their orthopedist who, after examining Bermudez and reviewing her medical records, found no significant limitations in those areas and concluded that the injuries were caused by degenerative conditions consistent with Bermudez's age and history of morbid obesity (Torres v Triboro Servs., Inc.,
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LUGO v. ADOM RENTAL TRANSP., INC.
8963, 305754/08.
2013 NY Slip Op 00046
JELISSA LUGO, AN INFANT BY HER MOTHER AND NATURAL GUARDIAN LUZ BERMUDEZ, ET AL., Plaintiffs-Respondents, v. ADOM RENTAL TRANSPORTATION, INC., ET AL., Defendants-Appellants, LYNN E. PETERS, ET AL., Defendants.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided January 8, 2013.
Decided January 8, 2013.
Attorney(s) appearing for the Case
Baker, McEvoy, Morrissey & Moskovits, P.C., Brooklyn ( Stacy R. Seldin of counsel), for appellants.
Melvyn S. Jacknowitz , New York ( Barry S. Huston of counsel), for respondents.
Before: Tom, J.P., Andrias, Freedman, Román, Gische, JJ.
Appellate Division of the Supreme Court of New York, First Department.
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