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DEMBELE v. CAMBISACA

59 A.D.3d 352 (2009)

874 N.Y.S.2d 72

MAHAMADOU DEMBELE, Appellant, v. PEDRO A. CAMBISACA, Respondent.

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

Decided February 26, 2009.

Defendant met his prima facie burden by demonstrating that plaintiff had not suffered a serious injury within the meaning of Insurance Law § 5102 (d) with, among other things, the affirmations of his orthopedist and neurologist (see Brown v Achy, 9 A.D.3d 30, 31 [2004]). Plaintiff's radiologist's affirmation, based on a March 2005 MRI, could not rebut defendant's orthopedist's findings of a resolved sprain, and no disability...

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