Legal Opinion
McCree v. Sam Trans Corp.
Appellate Division of the Supreme Court of the State of New York
Decided March 24, 2011PublishedCited by 7 opinions
1Opinion of the Court
Defendant failed to satisfy its burden of demonstrating prima facie that no factual issues exist whether plaintiff suffered an injury that caused “consequential limitation” and “significant limitation.” While its medical expert attributed the range of motion restrictions he found in plaintiffs right shoulder and cervical spine to degenerative changes or a pre-existing condition, his opinion lacked a factual basis and was conclusory (see Frias v James, 69 AD3d 466 [2010]; Torres v Knight, 63 AD3d 450 [2009]).
However, defendant demonstrated the absence of factual issues as to plaintiffs…
2Cases cited3 opinions
- Frias v. JamesAppellate Division of the Supreme Court of the State of New York · 2010
- Alloway v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2009
- Torres v. KnightAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by7 opinions
- SUMMERS, GLENN B. v. SPADA, PETER A.Appellate Division of the Supreme Court of the State of New York · 2013
- Jackson v. LeungAppellate Division of the Supreme Court of the State of New York · 2012
- Karounos v. DoulalasAppellate Division of the Supreme Court of the State of New York · 2017
- Perez v. CorrAppellate Division of the Supreme Court of the State of New York · 2011
- Fernandez v. SukhdeepAppellate Division of the Supreme Court of the State of New York · 2026
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