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BIANCHI v. MASON

10860A, 10860.

179 A.D.3d 567 (2020)

118 N.Y.S.3d 559

2020 NY Slip Op 00504

Alison Bianchi, Appellant, v. Richard Mason et al., Respondents.

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

Decided January 23, 2020.

Defendants established prima facie that plaintiff did not suffer a serious injury to her cervical spine or left hip through the opinions of their orthopedic surgeon and neurologist that she had normal range of motion and her claimed injuries had resolved (see e.g. Cattouse v Smith, 146 A.D.3d 670 [1st Dept 2017]). The orthopedist's findings of minor limitations did not defeat defendants' initial showing that plaintiff did not have...

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