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DE LOS SANTOS v. BASILIO

10138, 23329/16E.

176 A.D.3d 544 (2019)

112 N.Y.S.3d 20

2019 NY Slip Op 07526

Kerlin De Los Santos, Appellant, v. Ramon Pena Basilio, Respondent.

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

Decided October 22, 2019.

Attorney(s) appearing for the Case

Alpert, Slobin & Rubenstein, LLP, Bronx ( Morton Alpert of counsel), for appellant.

Robert D. Grace , Brooklyn, for respondent.

Concur—Acosta, P.J., Richter, Mazzarelli, Webber, Kern, JJ.

Defendant established prima facie that plaintiff did not sustain a serious injury as a result of the accident through the affirmed report of an emergency medicine physician, who opined that plaintiff's EMT and emergency room hospital records were inconsistent with the claimed injuries to plaintiff's right shoulder and spine (see Streety v Toure, 173 A.D.3d 462 [1st Dept 2019]; Hayes v Gaceur, 162 A.D.3d 437, 438 [1st Dept...

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