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HERNANDEZ v. CESPEDES

1225, 350468/10.

141 A.D.3d 483 (2016)

35 N.Y.S.3d 651

MERCEDES HERNANDEZ, Individually and as Mother and Natural Guardian of MICHELLE MARTINEZ, an Infant, Appellant, v. DAVID CESPEDES, Respondent, et al., Defendants.

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

Decided July 28, 2016.

Defendant established entitlement to judgment as a matter of law by showing that plaintiff did not suffer a serious injury to her cervical spine, lumbar spine, or right knee as a result of the motor vehicle accident at issue. Defendant submitted the affirmed reports of an orthopedist and a neurologist, showing no significant limitations, negative clinical results, and a resolved sprain and contusion (see Michels v Marton, 130 A.D.3d 476...

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