Legal Opinion
Delfino v. Luzon
Appellate Division of the Supreme Court of the State of New York
Decided January 22, 2009PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Buckley, J.
Defendant satisfied his prima facie burden of entitlement to summary judgment dismissing the complaint based on the affirmations of his expert witnesses. The defense radiologist’s review of an MRI film of plaintiffs left shoulder, taken 17 days after the accident, showed normal osseous structures, labrum, deltoid muscle and biceps tendon, and no rotator cuff injury, tendinitis, osteochondral defect or fracture. There was some fluid in the acromioclavicular joint, which the radiologist believed would “resolve without intervention due to the absence of any…
2Cases cited5 opinions
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- Rodriguez v. AbdallahAppellate Division of the Supreme Court of the State of New York · 2008
- Lloyd v. GreenAppellate Division of the Supreme Court of the State of New York · 2007
- Munoz v. HollingsworthAppellate Division of the Supreme Court of the State of New York · 2005
- Smith v. CherubiniAppellate Division of the Supreme Court of the State of New York · 2007
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- Weaver v. Town of PenfieldAppellate Division of the Supreme Court of the State of New York · 2009
- Nickolson v. AlbisharaAppellate Division of the Supreme Court of the State of New York · 2009
- Lake v. CelenNew York Supreme Court · 2009
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