ENCARNACION v. CASTILLO

2784.

146 A.D.3d 600 (2017)

2017 NY Slip Op 00392

44 N.Y.S.3d 744

OSMARIE ENCARNACION, Respondent, v. LUIS R. CASTILLO, Appellant, et al., Defendant.

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

Decided January 19, 2017.


Defendant established prima facie that plaintiff did not sustain a serious injury involving significant or permanent consequential limitations of use of her cervical and lumbar spine through the affirmed report of an orthopedist who found normal ranges of motion, negative test results, and resolved strains/sprains in those parts (see Reyes v Se Park, 127 A.D.3d 459 [1st Dept 2015]; Rickert v Diaz, 112 A.D...

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