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DINGLE v. NEW YORK CITY TRANSIT AUTH.

1159, 108785/08.

139 A.D.3d 513 (2016)

31 N.Y.S.3d 497

2016 NY Slip Op 03830

BERNICE DINGLE, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al., Defendants, and TOMAS R. REYES, Appellant.

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

Decided May 17, 2016.

Defendant met his prima facie burden by submitting the affirmations of a radiologist who found that the MRIs of the claimed injured body parts showed degenerative changes unrelated to the accident, and of an orthopedist who found full ranges of motion in all planes as to each claimed body part (see Toure v Avis Rent A Car Sys., 98 N.Y.2d 345, 350, 352-353 [2002]). In opposition, plaintiff...

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