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XIOMARA MEDINA v. ALTAGARACIA NIVARANDUJAL et al

Docket 23680/2017E, New York State, Bronx County, Supreme Court
Doris Gonzalez, presiding.
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64

Document XIOMARA MEDINA v. ALTAGARACIA NIVARANDUJAL et al, 23680/2017E, 64 (N.Y. Sup. Ct., Bronx County Mar. 21, 2019)
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63

Document XIOMARA MEDINA v. ALTAGARACIA NIVARANDUJAL et al, 23680/2017E, 63 (N.Y. Sup. Ct., Bronx County Mar. 12, 2019)
A defendant may also meet their summary judgment burden with sufficient medical evidence demonstrating that the plaintiff‘s injuries are not causally related to the accident (see Farrington v Go On Time Car Serv., 76 A.D.3d 818 [lst Dept 2010], citing Pommells v. Perez, 4 N.Y.3d 566, 572 [2005]).
Once this initial threshold is met, the burden shifts to the plaintiff to raise a material issue of fact using objective, admissible medical proof (see Toure v. Avis RentA Car Sys., 98 N.Y.2d 345, 350 [2002]).
Finally, Defendants submitted the sworn IME report of orthopedic Dr. Shanker Krishnamurthy, in which he identified and described the objective medical tests employed in measuring Plaintiffs ranges of motion.
Dr. Krishnamurthy's report found that Plaintiff had normal ranges of motion in her cervical and lumbar spine upon a physical examination and negative clinical results (Ahmed v Cannon, 129 A.D.3d 645, 646 [1st Dept 2015]).
The Court notes that Plaintiff was not required to present proof of contemporaneous range of motion findings as a prerequisite to establishing a serious injury (Windham v New York City Tr. Auth, 115 A.D.3d 597, 598 [1st Dept 2014]).
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58

Document XIOMARA MEDINA v. ALTAGARACIA NIVARANDUJAL et al, 23680/2017E, 58 (N.Y. Sup. Ct., Bronx County Oct. 12, 2018)
No adjournments. postponements or alterations of this order are permitted without the court's written approval, and none may be had upon the stipulation of the parties alone; and it is further ORDERED that disclosure demands now ...
FAILURE TO COMPLY WILL RESULT IN PLAINTIFF'S PRECLUSION FROM OFFERING ANY EVIDENCE AT TRIAL REGARDING THEIR PHYSICAL CONDITION, UNLESS OTHERWISE ORDERED BY THE COURT. None. and addresses ...
If none. an affirmation opposing partie's all be exchanged by (cid:9) to that eff C. To be served by and it is Sf rOAZICS &GO 0 ORDERED that plaintiff (cid:9) e of Readiness on or before (cid:9) Issue and C (cid:9) a Note ofi e required b 4 ...
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21

Document XIOMARA MEDINA v. ALTAGARACIA NIVARANDUJAL et al, 23680/2017E, 21 (N.Y. Sup. Ct., Bronx County Jun. 15, 2018)
Justice Supreme Court The following papers numbered 1 to ; Read on this motion, CONSOLIDAT ON!
Noticed on Ma 22 2018 and dulv submitted as No. on the Motion Calendar of leg
Defendant An application having been made by Al I'll-3531l4 jg NW'E‘YJand having duly some on to he heard on the l L of ; i M.— _20 I 9 101 an ordei diieeting ajoim trial, and upon the Court's decision thereon dated gm [1— , 20 L?
"t't-‘rli' 11111111.»- COW" 0f__ FILED: BRONX COUNTY CLERK 06m2018 12:28_P
ORDERED that e~filing in the action filed under Index # _ _ __ is hereby discontinued, and all service and filings in said action shall be in hard copy, and it is further ORDERED that the County Clerk is directed to convert the e-file action filed under said index number into hard copy format, and it is further ORDERED that the Clerk ofthe Supreme Court, Bronx County, upon receipt ofa copy ofthis order with notice ofentry, shall, withoutfirrtherfee, assign an index number to thefile transfirredpursuanr to this order; and it is further ORDERED that upon payment of the appropriate calendar fees, the filing of R.J.I.s, if neCessaiy, and notes of issue and statements of readiness in each of the above actions, and upon service of a copy of this order with notice of entry on the Clerk of the Motion Support Office, Room 217, said Clerk shall place the aforesaid actions upon the trial calendar for a joint trial.
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20

Document XIOMARA MEDINA v. ALTAGARACIA NIVARANDUJAL et al, 23680/2017E, 20 (N.Y. Sup. Ct., Bronx County Jun. 15, 2018)
No adjoumments, postponements or alterations of this order are permitted without the court’s written approval, and none may be had upon the stipulation of the parties alone; and it is further ORDERED that disclosure demands now ...
OTHER A. None.
If none. an affirmation to that efl‘ect shall exc ged by . W T o be served by : and it is further ORDERED that plaintiff Issuean .ei on or before shall serve and file a Note of : The failure to file 0 mes.
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19

Document XIOMARA MEDINA v. ALTAGARACIA NIVARANDUJAL et al, 23680/2017E, 19 (N.Y. Sup. Ct., Bronx County May. 25, 2018)
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11

Document XIOMARA MEDINA v. ALTAGARACIA NIVARANDUJAL et al, 23680/2017E, 11 (N.Y. Sup. Ct., Bronx County Sep. 28, 2017)

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