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TUSU v. LEONE

301290/16. Appeal No. 12182. Case No. 2019-04969.

187 A.D.3d 655 (2020)

134 N.Y.S.3d 27

2020 NY Slip Op 06075

Gabriela Tusu, Respondent, v. Robert J. Leone, Appellant.

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

Decided October 27, 2020.

Defendant established prima facie that plaintiff did not sustain a "significant" or "permanent consequential" limitation of use of any body part as a result of the accidental collision between his vehicle and her bicycle by submitting an affirmed report by his expert, who found no objective evidence of injury upon examination and opined that plaintiff's sprains, strains and contusions had fully resolved (see Diakite v PSAJA...

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