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JACKSON v. DOE

9609, 302435/15.

173 A.D.3d 505 (2019)

104 N.Y.S.3d 90

2019 NY Slip Op 04765

Andre Jackson, Appellant, v. "John Doe," the Name "John Doe" Being Fictitious and Intended to Designate the Person Operating the Automobile of Said Juan Roman Martinez at the Time and Place Herein Alleged, Juan Roman Martinez, Respondent, et al., Defendant.

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

Decided June 13, 2019.

Defendant satisfied his prima facie burden of showing that plaintiff did not sustain a serious injury to his cervical spine, lumbar spine or left wrist as a result of the 2013 motor vehicle accident. Defendant's neurologist found that plaintiff had full range of motion and negative test results in his cervical and lumbar spine, and that any injuries had resolved (see Alverio v Martinez, 160 A.D.3d 454 [1st Dept 2018]; Frias v...

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