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RIVERA v. LOPEZ-REYES

Index No. 20620/19. Appeal No. 15537. Case No. 2021-00364.

203 A.D.3d 554 (2022)

162 N.Y.S.3d 697

2022 NY Slip Op 01888

Angel Rivera, Appellant, v. Jorge Lopez-Reyes, Doing Business as Mr. Softee of the Bronx, Inc., et al., Respondents.

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

Decided March 17, 2022.

Attorney(s) appearing for the Case

The Altman Law Firm, PLLC, Woodmere (Michael T. Altman of counsel), for appellant.

Scahill Law Group, P.C., Bethpage (Gerard Ferrara of counsel), for respondents.

Concur—Kapnick, J.P., Mazzarelli, Friedman, Gesmer, Oing, JJ.

Defendants satisfied their prima facie burden of showing that plaintiff did not sustain a serious injury to his cervical spine, lumbar spine, or left shoulder by submitting the reports of their orthopedic surgeon and neurologist, who found that plaintiff had normal range of motion and opined that the alleged injuries had resolved with no permanent or residual effects (see Chawdhury v 3511 Sys. Inc., 193 A.D.3d 541, 541 [1st Dept 2021]; Stickney v Akhar, 187...

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