SMITH v. GREEN

Index No. 301828/16. Appeal No. 12298. Case No. 2019-4243.

188 A.D.3d 473 (2020)

131 N.Y.S.3d 879

2020 NY Slip Op 06408

Kadian Smith, Appellant, v. Heather Green, Respondent.

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

Decided November 10, 2020.


Defendants demonstrated prima facie through their expert's affirmed reports that plaintiff's claimed injuries to his knee, shoulder and spine had resolved without significant or permanent consequential limitations, and that his left shoulder injuries were degenerative in nature.

In opposition, plaintiff raised a triable issue of fact with respect to his claim of significant limitation of use to his left shoulder, as his medical records show that he sought treatment...

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