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STICKNEY v. AKHAR

Index No. 158912/2012. Appeal No. 11919. Case No. 2017-1443.

187 A.D.3d 425 (2020)

132 N.Y.S.3d 120

2020 NY Slip Op 05309

Phyllis Yvonne Stickney, Appellant, v. Muhammad Akhar et al., Respondents, et al., Defendant.

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

Decided October 1, 2020.

Defendants established prima facie that plaintiff did not suffer a serious injury to her cervical or lumbar spine by submitting a neurologist's affirmed report finding that plaintiff had normal range of motion and that her alleged injuries had resolved (see Diakite v PSAJA Corp., 173 A.D.3d 535 [1st Dept 2019]; Holloman v American United Transp. Inc., 162 A.D.3d 423 [1st Dept 2018]). Defendants also submitted an affirmed report...

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