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SAMIA N. HANNA, Respondent, v. MARY ALICE ALVERADO, Appellant.

Ordered that the order is affirmed, with costs.

The affirmations of the defendant's medical experts failed to make out a prima facie case for summary judgment ( see Toure v. Avis Rent A Car Sys., 98 NY2d 345; Gaddy v. Eyler, 79 NY2d 955). We note that neither expert set forth the objective test or tests performed supporting their claims ( see Zavala v. DeSantis, 1 AD3d 354, 355; Black v. Robinson, 305 AD2d 438, 439; Gamberg v. Romeo, 289 AD2d 525, 526; Junco v. Ranzi, 288 AD2d 440). Thus, the defendant failed to sustain her initial burden of establishing a prima facie case. Accordingly, we need not consider the sufficiency of the plaintiff's opposing papers ( see Coscia v. 938 Trading Corp., 283 AD2d 538; Mariaca-Olmos v. Mizrhy, 226 AD2d 437).

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HANNA v. ALVERADO
(Mar 28, 2005)