BALDUCCI v. CARRASCO

16492, 150882/12.

134 A.D.3d 640 (2015)

21 N.Y.S.3d 616

2015 NY Slip Op 09620

ADAM BALDUCCI, Appellant, v. DIOGENES CARRASCO et al., Respondents.

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

Decided December 29, 2015.


Whether or not defendants met their prima facie burden, in opposition, plaintiff raised a triable issue of fact. Among other things, he submitted an affirmed report by a physician who, upon examination not long after the accident and recently, found limitations in range of motion and positive results on straight leg raising tests (see Osborne v Diaz, 104 A.D.3d 486, 487 [1st Dept 2013...

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