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GUZMAN v. CRUZ

11817. 156792/13.

185 A.D.3d 481 (2020)

127 N.Y.S.3d 473

2020 NY Slip Op 03980

Radames Guzman et al., Plaintiffs, and Edickson Cruz, Appellant, v. Manhattan and Bronx Surface Transit Operating Authority et al., Respondents. Pedro Marine, Counterclaim Defendant-Respondent.

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

Decided July 16, 2020.

Defendants established prima facie that plaintiff did not sustain an injury causing "significant limitation of use" or "permanent consequential limitation of use," by submitting the affirmed reports of an orthopedist and neurologist, who noted normal ranges of motion in plaintiff's cervical spine and right shoulder and found no other evidence of abnormality (see Cattouse v Smith, 146 A.D.3d 670 [1st Dept 2017]; Rosa v Mejia,<...

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