Legal Opinion

Ovalles v. Herrera

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

Decided November 29, 2011PublishedCited by 1 opinion

1Opinion of the Court

*637Defendants established their entitlement to judgment as a matter of law. Defendants submitted, inter alia, the affirmed reports of a neurologist and an orthopedist, who examined plaintiff and concluded that she had normal ranges of motion in her lumbar and cervical spine. To the extent the findings of the experts differed, such differences were not so significant as to affect defendants’ entitlement to summary judgment (see Feliz v Fragosa, 85 AD3d 417 [2011]).

In opposition, plaintiff did not raise a triable issue of fact. She failed to present any competent medical evidence contemporaneous…

2Cases cited5 opinions

  1. Lopez v. SimpsonAppellate Division of the Supreme Court of the State of New York · 2007
  2. Canelo v. Genolg Transit, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  3. Feliz v. FragosaAppellate Division of the Supreme Court of the State of New York · 2011
  4. De La Cruz v. HernandezAppellate Division of the Supreme Court of the State of New York · 2011
  5. Rubencamp v. Arrow Exterminating Co.Appellate Division of the Supreme Court of the State of New York · 2010

3Cited by1 opinion

  1. Gibbs v. ReidAppellate Division of the Supreme Court of the State of New York · 2012

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