ANTEPARA v. GARCIA

Index No. 23153/16E. Appeal No. 13832. Case No. 2020-01221.

194 A.D.3d 513 (2021)

148 N.Y.S.3d 451

2021 NY Slip Op 03109

Walter Antepara, Appellant, v. Dominico A. Garcia, Respondent.

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

Decided May 13, 2021.


Attorney(s) appearing for the Case

Leav & Steinberg LLP, New York ( Regina Koyfman of counsel), for appellant.

Robert D. Grace , Brooklyn, for respondent.

Concur—Renwick, J.P., Manzanet-Daniels, Kennedy, Shulman, JJ.


Defendant met his prima facie burden of showing that plaintiff did not sustain a serious injury to his spine, right hip, right elbow, or left knee by submitting the report of an orthopedic surgeon, who found full range of motion or only slight limitations, and opined that plaintiff's alleged injuries had resolved (see Stickney v Akhar, 187 A.D.3d 425 [1st Dept 2020]; Stovall v New York City Tr. Auth., 181 A.D.3d 486 [1st Dept...

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