MORALES v. CABRAL

10433. 21130/15E.

177 A.D.3d 556 (2019)

113 N.Y.S.3d 684

2019 NY Slip Op 08516

Marisol Morales, Respondent, v. Cesar Cabral, Defendant, and Elsie Morales, Appellant.

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

Decided November 21, 2019.


Defendant Morales established prima facie that plaintiff did not sustain a serious injury to her cervical spine, lumbar spine or left shoulder in the June 2014 automobile accident through the reports of physicians who examined plaintiff and found no indications of limitations in use of the subject body parts. Although one examiner measured limitations in motion, she opined that these were subjective and unrelated to any objective evidence of injury (see Macdelinne F. v...

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