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BLAKE v. SANCHEZ

Index No. 20142/19E. Appeal No. 14436. Case No. 2021-00178.

198 A.D.3d 527 (2021)

152 N.Y.S.3d 806

2021 NY Slip Op 05771

Duane R. Blake, Appellant, v. Ricardo A. Sanchez et al., Respondents.

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

Decided October 21, 2021.

Attorney(s) appearing for the Case

Joshua Annenberg , New York, for appellant.

Robert D. Grace , Brooklyn, for Ricardo A. Sanchez, respondent.

Law Offices of John Trop, Tarrytown ( Eric G. Fendt of counsel), for Calvin Williams and Gardner Industries, Inc., respondents.

Concur—-Acosta, P.J., Manzanet-Daniels, Kern, Oing, Kennedy, JJ.

Defendants established prima facie that plaintiff did not sustain a serious injury to his cervical spine. Defendants submitted the report of their radiologist, who opined that the MRI of plaintiff's cervical spine revealed conditions that were degenerative and not causally related to the accident, and the report of their orthopedist, who found that plaintiff had normal range of motion (see Marcelo v Fabius, 195 A.D.3d 472 [1st Dept 2021]; Antepara v Garcia,...

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