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KANTE v. DIARRASSOUBA

61 A.D.3d 517 (2009)

878 N.Y.S.2d 13

BOUBACAR KANTE, Appellant-Respondent, v. DRAMANE DIARRASSOUBA et al., Respondents-Appellants.

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

Decided April 16, 2009.

Defendants established prima facie that plaintiff did not sustain a serious injury by submitting their experts' affirmations reporting normal ranges of motion in all tested areas, specifying the objective tests they performed to arrive at the measurements, and concluding that plaintiff's alleged injuries had resolved (see e.g. Ayala v Douglas, 57 A.D.3d 266 [2008]). Plaintiff's submissions in opposition to defendants' motion and...

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