ROSA v. DELACRUZ

5799. 308543/12.

158 A.D.3d 571 (2018)

71 N.Y.S.3d 55

2018 NY Slip Op 01263

AGRIPINO POLANCO ROSA, Appellant, et al., Plaintiff, v. RAFAEL DELACRUZ et al., Respondents.

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

Decided February 22, 2018.


Defendants established that plaintiff's alleged left shoulder injuries were not causally related to the subject accident by submitting the MRI report of plaintiff's radiologist, who found multiple degenerative cysts, and no torn tendons, in the MRI of plaintiff's left shoulder performed shortly after the accident (see Alvarez v NYLL Mgt. Ltd., 120 A.D.3d 1043, 1044 [1st Dept 2014], affd 24 N.Y.3d 1191

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