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KONE v. RODRIGUEZ

10414, 300522/10.

107 A.D.3d 537 (2013)

967 N.Y.S.2d 359

2013 NY Slip Op 4560

ABDOULAYE KONE, Respondent, et al., Plaintiff, v. JEAN RODRIGUEZ, Appellant.

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

Decided June 18, 2013.

Defendant established prima facie absence of a serious injury by submitting the affirmed report of his orthopedist, who examined plaintiff 2½ years after the accident and found full range of motion, negative test results, and resolved sprains in the cervical spine, lumbar spine, and left shoulder (see Melo v Grullon, 101 A.D.3d 452 [1st Dept 2012]; Bailey v Islam, 99 A.D.3d 633 [1st...

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