Abraham v. Bello
Decision Date | 02 May 2006 |
Docket Number | 2005-01233. |
Parties | BARBARA ABRAHAM, Appellant, v. FEBE BELLO et al., Respondents. |
Court | New York Supreme Court — Appellate Division |
Ordered that the order is reversed, on the law, with one bill of costs, the motions are denied, and the complaint is reinstated.
The motions should have been denied as the defendants failed to establish their prima facie entitlement to summary judgment in their favor. Although the report of an orthopedist for the defendant Gilberto Sanchez set forth in degrees the results of his range of motion testing of the plaintiff, he did not compare those findings to a normal range of motion. "Thus, the defendants' proof failed to objectively demonstrate that the plaintiff did not suffer a permanent consequential or significant limitation of use of [her] cervical as a result of the subject accident" (Aronov v Leybovich, 3 AD3d 511, 512 [2004]; see also Claude v Clements, 301 AD2d 554 [2003]).
In light of our determination, the remaining issues have been rendered academic.
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