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ALLOWAY v. RODRIGUEZ

61 A.D.3d 591 (2009)

877 N.Y.S.2d 325

CANTRESE ALLOWAY, Respondent, v. JOSE A. RODRIGUEZ et al., Appellants.

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

Decided April 28, 2009.

Defendants met their initial burden of demonstrating the absence of any permanent or significant physical limitation of plaintiff's lumbar or cervical spine by submitting a report from Rodriguez's expert, a neurologist, supported by specific tests indicating that plaintiff had no restrictions in her range of motion, and stating that there was "no finding of any neurologic residual or permanency based upon her physical examination...

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