RODRIGUEZ v. 3RD AVE. TR. INC.

Index No. 303362/14E. Appeal No. 14945-14945A. Case Nos. 2021-00714, 2021-02987.

201 A.D.3d 417 (2022)

156 N.Y.S.3d 727

2022 NY Slip Op 00022

Jaime Dotel Rodriguez, Appellant, v. 3rd Avenue Transit Inc. et al., Respondents, et al., Defendant.

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

Decided January 4, 2022.


Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & Decicco, LLP, New York ( Jillian Rosen , of counsel), for appellant.

Richard Freiman & Associates, PLLC, New York ( Zena Eldada , of counsel), for respondents.

Concur—Gische, J.P., Singh, Mendez, Shulman, Pitt, JJ.


Defendants established prima facie entitlement to summary judgment through the medical reports of their neurologist and orthopedist. The orthopedist found that plaintiff had full range of motion in his lumbar and cervical spine and all other claimed injured body parts, and both experts concluded that all claimed injuries had resolved (see Pastora L. v Diallo, 167 A.D.3d 424, 424 [1st Dept 2018]; Rodriguez v Konate,

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