Cruz v. Rivera
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered July 14, 2011, which, insofar as appealed from as limited by the briefs, in this action for personal injuries sustained in a motor vehicle accident, denied defendant Felix Rivera’s motion for summary judgment dismissing the complaint as against him, unanimously modified, on the law, to grant the motion to the extent of dismissing plaintiffs 90/180-day claim, and otherwise affirmed, without costs.
Defendant established his entitlement to judgment as a matter of law. Defendant submitted the affirmed report from an orthopedist who,…
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