Soto v. Koysor

1 Citing case

  1. Henry v. Nidhi

    2013 N.Y. Slip Op. 31603 (N.Y. Sup. Ct. 2013)   Cited 1 times

    This Court agrees; "the failure to indicate the objective tests used to determine the range of motion in plaintiffs' lumbar spine precludes the grant of summary judgment" (Mensah v Salah Enters., Inc., 90 AD3d492, 2011 NY Slip Op 08987 [1st Dept 2011].) See also Baki v Alcourt, et. al, 2013 WL 180944 (Supreme Court, New York Co.) (defendants cannot satisfy burden if doctor does not specify which objective tests he performed to arrive at his conclusion); Soto v Koysor, 24 Misc.3d 1205(A), 890 NYS2d 371 (Dr. Unis's report failed to identify objective tests he performed to support his finding that plaintiff had full range of motion; defendants failed to make prima facie showing). Nor did defendants make any prima facie showing regarding dismissal of plaintiffs' 90/180-day claim; the moving papers do not contain any specific reference to this category and no reference is made to the relevant deposition testimony or the bill of particulars.