Legal Opinion

Nunez v. Zhagui

Appellate Division of the Supreme Court of the State of New York

Decided March 26, 2009PublishedCited by 1 opinion

1Opinion of the Court

*560Order, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered August 8, 2008, which, insofar as appealed from, denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

After defendant’s showing of prima facie entitlement to summary judgment, the court properly found that plaintiff raised a triable issue of fact through his treating doctor’s affirmation, which, when considered in connection with MRIs taken within weeks of the accident, found objective medical findings of range of motion limitations contemporaneous with the accident…

2Cases cited2 opinions

  1. Thompson v. AbbasiAppellate Division of the Supreme Court of the State of New York · 2005
  2. Morris v. CisseAppellate Division of the Supreme Court of the State of New York · 2009

3Cited by1 opinion

  1. Ogbajie v. Gonzalo Transport Corp.Appellate Terms of the Supreme Court of New York · 2009

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