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BURGOS v. DIOP

1474, 302189/13.

140 A.D.3d 521 (2016)

33 N.Y.S.3d 257

2016 NY Slip Op 04798

ELSI BURGOS, Plaintiff, and ALPHONSO LYTHCOTT, Appellant, v. ALOU DIOP et al., Respondents.

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

Decided June 16, 2016.

Defendants established prima facie that plaintiff did not suffer a "permanent consequential" or "significant" limitation of use of his shoulders as a result of the accident by submitting their orthopedist's report finding full range of motion and negative clinical test results, and their radiologist's report finding that the MRI films of the shoulders showed only preexisting degenerative conditions and no acute traumatic changes...

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