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DIAZ v. CRUZ

14325, 311195/11.

125 A.D.3d 552 (2015)

FRANCISCO DIAZ et al., Respondents, v. FELIX DELA CRUZ et al., Appellants.

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

Decided February 24, 2015.

Assuming defendants met their prima facie burden of showing that plaintiff did not sustain a serious injury to his cervical or lumbar spine by submitting the affirmed report of an orthopedist who found full ranges of motion (see Perl v Meher, 18 N.Y.3d 208, 216-217 [2011]; Levinson v Mollah, 105 A.D.3d 644 [1st Dept 2013]), plaintiff raised an issue of fact as to whether he sustained serious...

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