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PASTORA L. v. DIALLO

7790. 350027/13.

167 A.D.3d 424 (2018)

88 N.Y.S.3d 185

2018 NY Slip Op 08260

Pastora L. et al., Plaintiffs, and K.O., an Infant, by Her Mother and Natural Guardian, Pastora L., Appellant, v. Thierno OB Diallo et al., Defendants, and Walter Romero et al., Respondents.

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

Decided December 4, 2018.

Defendants established prima facie that the infant plaintiff's claimed injuries were not serious within the meaning of Insurance Law § 5102 (d) through the affirmed reports of an orthopedic surgeon who found normal range of motion and no objective evidence of injury and a radiologist who found no evidence of injury in the MRIs taken of plaintiff's claimed injured body parts after the accident (see Hernandez v Marcano, 161 A.D.3d 676

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