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ABREU v. MILLER

11202, 22344/12E.

181 A.D.3d 435 (2020)

121 N.Y.S.3d 238

2020 NY Slip Op 01552

Ashleigh Abreu et al., Plaintiffs, and Belkys Sosa, Appellant, v. Su-Wang Miller et al., Respondents.

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

Decided March 5, 2020.

Defendants established prima facie entitlement to judgment as a matter of law on the 90/180-day claim. Defendants submitted the affirmed report of an orthopedic surgeon, showing normal range of motion in plaintiff's cervical and lumbar spine with no evidence of tenderness or spasm, and plaintiff's own records showing only minor limitations in range of motion. Defendants therefore showed the absence of serious injury that would...

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