ALSTON v. ELLIOTT

6078 306175/12.

159 A.D.3d 575 (2018)

73 N.Y.S.3d 50

2018 NY Slip Op 02019

ALYSHA ALSTON et al., Appellants, v. ALLEN ELLIOTT, Respondent.

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

Decided March 22, 2018.


Defendant met his prima facie burden by submitting the report of a physician who opined that plaintiff Alston's cervical spine sprain and plaintiff Brown's lumbar spine sprain had fully resolved (see Cruz v Martinez, 106 A.D.3d 482, 483 [1st Dept 2013]). The physician opined that, while Alston exhibited limitations in range of motion, the limitations were subjective and unsupported by any objective evidence of injury (see Swift...

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