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It is axiomatic that, where an issue of fact exists, a motion for summary judgment must be denied.1 In Perl v. Meher,2 the defendants met their initial burden on a summary judgment motion in an Insurance Law “threshold” motion, through the affirmation of a doctor who opined that, on the date of the Sept. 17, 2007, exam, any range-of-motion restrictions displayed by the plaintiff were self-imposed.3 In opposition, the plaintiff offered the affirmation of a different doctor, Leonard Bleicher, who found “significant limitations and deficiencies” in range-of-motion tests conducted on June 25, 2007.4 Notwithstanding that the majority termed these findings as “arguably adequate,”5 the motion was granted because of perceived shortcomings in a “contemporaneous examination” of the plaintiff that took place on May 2, 2005, shortly after the accident.

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