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GJOLEKA v. CABAN

27644/16. Appeal No. 12308. Case No. 2020-01191.

188 A.D.3d 458 (2020)

135 N.Y.S.3d 92

2020 NY Slip Op 06390

Joana Gjoleka, Plaintiff, and Inxhi Gjoleka et al., Respondents, v. Alexis Caban et al., Appellants.

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

Decided November 10, 2020.

Defendants established prima facie that plaintiffs suffered neither a permanent consequential limitation of use nor a significant limitation of use of their cervical and lumbar spines through the affirmed report of their expert orthopedic surgeon, who documented full range of motion in plaintiffs' necks and backs and no objective symptoms to support their claims of injury (see Bianchi v Mason, 179 A.D.3d 567, 567 [1st Dept 2020]; Cano v U-Haul Co. of Ariz.,...

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