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DAY v. SANTOS

58 A.D.3d 447 (2009)

870 N.Y.S.2d 30

DARRELL R. DAY et al., Respondents, v. JUAN F. SANTOS et al., Appellants.

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

January 8, 2009.

Defendants made a prima facie showing of their entitlement to summary judgment by submitting the affirmed report of an expert who examined plaintiff Rebecca Mattos and concluded, based upon objective tests conducted, that she had not suffered a permanent consequential limitation or a significant limitation (see Onishi v N & B Taxi, Inc., 51 A.D.3d 594, 595 [2008]). Plaintiffs failed to raise a triable issue of fact with their...

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