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SIMANTOV v. KIPPS TAXI, INC.

1875, 13165/07,

68 A.D.3d 661 (2009)

2009 NY Slip Op 9698

891 N.Y.S.2d 393

EIRIT SIMANTOV, Respondent, v. KIPPS TAXI, INC., et al., Appellants.

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

Decided December 29, 2009.

Defendants failed to make a prima facie showing of entitlement to judgment as a matter of law. The range of motion findings of defendants' neurologist, who had not reviewed any of plaintiff's medical records, were not probative since they were not stated to be based on objective tests (see Linton v Nawaz, 62 A.D.3d 434, 438-439 [2009]; Glynn v Hopkins, 55 A.D.3d 498 [2008]), and their radiologist...

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