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ANGELES v. VERSACE INC.

14063, 308421/10.

124 A.D.3d 544 (2015)

RAFAEL ANGELES, Appellant, v. VERSACE INC. et al., Respondents.

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

Decided January 26, 2015.

Defendants made a prima facie showing that plaintiff did not sustain an injury involving a "significant" or "permanent consequential" limitation of use of his lumbar spine.

However, plaintiff's submissions do not create an issue of fact. Plaintiff's expert, while opining that the accident caused an injury, failed to address defendants' evidence of degeneration in the x-ray reports of the lumbar spine, which was found in...

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