CERUTI v. ABERNATHY


285 A.D.2d 386 (2001)

728 N.Y.S.2d 445

KENDALL J. CERUTI et al., Respondents, v. SHERRI L. ABERNATHY et al., Appellants.

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

Decided July 12, 2001.


The medical report that plaintiffs submitted, opining that plaintiff had suffered "permanent" injuries in the motor vehicle accident—a report prepared by a physician who saw plaintiff for the first time after defendants moved for summary judgment, and nearly two years after plaintiff last received treatment relating to the accident—was insufficient to overcome the medical evidence that defendants submitted, which indicated that plaintiff's injuries had resolved...

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