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NATERA v. VELOZ LIVERY RENTALS INC.

Index No. 27183/19, Appeal No. 16076, Case No. 2021-04799.

206 A.D.3d 428 (2022)

167 N.Y.S.3d 783

2022 NY Slip Op 03687

Isis Nicole Natera, Respondent, v. Veloz Livery Rentals Inc. et al., Respondents, and Moussa Bagayoko, Appellant.

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

Decided June 7, 2022.

Attorney(s) appearing for the Case

James F. Butler & Associates, Jericho ( Rebecca L. Marks of counsel), for appellant.

Marjorie E. Bornes , Brooklyn, for defendants-respondents.

Concur—Renwick, J.P., Oing, Moulton, Kennedy, Mendez, JJ.

Defendants established prima facie that plaintiff did not sustain a serious injury to her right knee by presenting the report of an orthopedic surgeon who found no range of motion limitations or other qualitative or quantitative evidence of limitations in plaintiff's right knee (see Chawdhury v 3511 Sys. Inc., 193 A.D.3d 541 [1st Dept 2021]). Defendant also presented plaintiff's records from the hospital where she was treated...

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