HESSING v. CARROLL

6475, 20857/12E.

161 A.D.3d 462 (2018)

76 N.Y.S.3d 150

2018 NY Slip Op 03316

Mark Hessing, Appellant, v. Katherine L. Carroll, Respondent.

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

Decided May 8, 2018.


Defendant met her initial burden of showing the absence of a triable issue on whether plaintiff had suffered a "permanent consequential" or "significant" limitation of use of his cervical spine, by submitting the affirmed report of her radiologist who found that plaintiff's MRI revealed degenerative disc disease and no evidence of traumatic injury. Moreover, defendant relied on plaintiff's own medical records, which also reflected findings of degenerative disc disease or...

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