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RODRIGUEZ v. PRIETO

282 A.D.2d 592 (2001)

722 N.Y.S.2d 917

JESSICA RODRIGUEZ, Respondent, v. MARINA C. PRIETO, Appellant.

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

Decided April 16, 2001.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendant established a prima facie case that the plaintiff's injuries were not serious through, inter alia, the affirmed report of a neurologist, who found, upon examination, that the plaintiff was "totally normal" (see, Gaddy v Eyler, 79 N.Y.2d 955, 956-957). In opposition, the plaintiff failed to...

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