MARCELO v. FABIUS

Index No. 31673/17. Appeal No. 14018. Case No. 2020-04485.

195 A.D.3d 472 (2021)

149 N.Y.S.3d 70

2021 NY Slip Op 03552

Kaisy Y. Marcelo, Appellant, v. Jean-Berny Fabius et al., Respondents.

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

Decided June 8, 2021.


Attorney(s) appearing for the Case

Latos, Latos & Associates, PC, Astoria ( Marina Zapantis of counsel), for appellant.

Robert D. Grace , Brooklyn, for respondents.

Concur—Renwick, J.P., Kern, Scarpulla, Mendez, JJ.


Defendants established prima facie that plaintiff did not sustain a serious injury to her lumbar spine, right shoulder, and right knee by submitting the report of their orthopedic surgeon, who found that plaintiff had normal range of motion and that her alleged injuries had resolved (see Reyes-Mendez v City of New York, 192 A.D.3d 464, 465 [1st Dept 2021]; Grate v Rodrigues, 179 A.D.3d 440, 441 [1st Dept 2020]). Defendants also submitted the affirmed report...

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