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HAMILTON v. MAROM

10492. 25434/15.

178 A.D.3d 424 (2019)

111 N.Y.S.3d 177

2019 NY Slip Op 08615

Ronald Hamilton, Appellant, v. David Marom, Respondent.

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

Decided December 3, 2019.

Attorney(s) appearing for the Case

Ogen & Sedaghati, P.C., New York ( Eitan Ogen of counsel), for appellant.

Clausen Miller, P.C., New York ( Don R. Sampen of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Mazzarelli, Kapnick, JJ.

Defendant satisfied his prima facie burden of showing that plaintiff did not sustain a serious injury to his right shoulder by submitting the reports of a neurologist and orthopedist, who found that plaintiff had normal range of motion and opined that any alleged injuries had resolved with no permanent or residual effects (see Diakite v PSAJA Corp., 173 A.D.3d 535 [1st Dept 2019]; Frias v Gonzalez-Vargas, 147 A.D.3d 500 [1st...

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