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MORILLO v. 623-631 W. 207TH ST., LLC

Index No. 151942/16. Appeal No. 16033. Case No. 2021-01741.

205 A.D.3d 649 (2022)

167 N.Y.S.3d 396

2022 NY Slip Op 03478

Hilda Morillo, Respondent, v. 623-631 West 207th Street, LLC, Appellant.

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

Decided May 31, 2022.

Attorney(s) appearing for the Case

Ahmuty, Demers & McManus, Albertson ( Kevin J. Murtagh, Sr. of counsel), for appellant.

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Brian J. Isaac of counsel), for respondent.

Concur—Webber, J.P., Kern, Oing, Scarpulla, Pitt, JJ.

As the motion court properly found, defendant failed to show that plaintiff's heart condition or vision may have contributed to the accident in which she allegedly was injured. Further as plaintiff withdrew her loss of enjoyment of life claim, defendant failed to demonstrate how her claim that her health had been impaired as a result of the injuries sustained, required authorizations for the requested records from her cardiologist...

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