BIRCH v. 31 NORTHERN BLVD., INC.

1235A, 1235.

139 A.D.3d 580 (2016)

32 N.Y.S.3d 142

2016 NY Slip Op 03999

CHRISTOPHER BIRCH, Appellant, v. 31 NORTHERN BLVD., INC., Respondent, et al., Defendant.

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

Decided May 24, 2016.


Defendant made a prima facie showing that plaintiff did not sustain a serious injury to his cervical or lumbar spine or other body parts by submitting expert reports by an orthopedist and neurologist, who found full range of motion in those parts and opined that the alleged injuries had resolved. In addition, defendant submitted an affirmed report by a radiologist, who found preexisting degenerative conditions in plaintiff's cervical...

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