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PEPRAH v. McDONALD

63 A.D.3d 450 (2009)

881 N.Y.S.2d 54

KWAKU PEPRAH, Appellant, v. CURTIS McDONALD, Respondent.

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

Decided June 4, 2009.

The motion court correctly determined that defendant established his prima facie entitlement to summary judgment with the affidavit of his medical expert, Dr. Nathan, whose examination of plaintiff disclosed no objective medical findings supporting his serious injury claims (see Shinn v Catanzaro, 1 A.D.3d 195, 197 [2003]). Plaintiff, in response, failed to raise a triable issue of fact precluding summary judgment. The affidavit...

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