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GARVER v. CHAO LU

276 A.D.2d 468 (2000)

713 N.Y.S.2d 704

CAROLE GARVER et al., Respondents, v. MING CHAO LU, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided October 2, 2000.

Ordered that the order is affirmed, with costs.

An affirmation from the defendant's examining orthopedist revealed that the plaintiff sustained herniated discs as a result of the accident at issue and suffered from a quantified limitation of motion nearly four years after the accident. Thus, the defendant failed to submit sufficient evidence to establish as a matter of law that the plaintiff did not sustain a serious injury...

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