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STEVENS v. BOLTON

47, 309474/12

135 A.D.3d 647 (2016)

24 N.Y.S.3d 269

2016 NY Slip Op 00591

GALE SANDY STEVENS, Appellant, v. KELLA M. BOLTON, Respondent. (And a Third-Party Action.)

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

Decided January 28, 2016.

Defendant established prima facie that plaintiff did not sustain a "permanent consequential" or a "significant" limitation of use of the right shoulder through the report of her orthopedist, who found equal ranges of motion in the injured right shoulder and the uninjured left shoulder and no functional impairment of the right shoulder (see Camilo v Villa Livery Corp., 118 A.D.3d 586 [1st...

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