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ROSA v. DELACRUZ

No. 146 SSM 23.

32 N.Y.3d 1060 (2018)

112 N.E.3d 856

87 N.Y.S.3d 550

2018 NY Slip Op 07040

AGRIPINO POLANCO ROSA, Appellant, et al., Plaintiff, v. RAFAEL DELACRUZ et al., Respondents.

Court of Appeals of New York.

Decided October 23, 2018.

Attorney(s) appearing for the Case

Gratt & Associates, P.C., Sea Cliff (Mitchell Dranow of counsel), for appellant.

Rivkin Radler LLP, Uniondale (Henry Mascia of counsel), for Rafael Delacruz, respondent.

Russo & Tambasco, Melville (Susan J. Mitola of counsel), and Law Office of Dennis C. Bartling, Westbury, for Devone Harp, respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

In support of their motions for summary judgment, defendants relied on independent physician reports finding that plaintiff had a normal range of motion six months following the accident, with no permanent effects, and on the results of a shoulder MRI performed six weeks after the accident by plaintiff's radiologist, who reported that plaintiff's...

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