DaCOSTA v. GIBBS

1128, 308916/09.

139 A.D.3d 487 (2016)

33 N.Y.S.3d 160

2016 NY Slip Op 03804

ADELINA DaCOSTA, Appellant, v. CARLOS GIBBS et al., Respondents.

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

Decided May 12, 2016.


Defendants established prima facie that plaintiff did not suffer either significant limitation or permanent consequential limitation of use of her lumbar and cervical spine, by submitting affirmations by an orthopedist who found full ranges of motion in all planes and a neurologist who found no injury, except right hand weakness and deficits not related to the accident (see Toure v Avis Rent A Car Sys., 98 N.Y.2d 345, 350, 353 [2002...

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