Gil v. Western Express, Inc. et al, No. 7:2015cv09611 - Document 40 (S.D.N.Y. 2017)

Court Description: OPINION AND ORDER re: 34 MOTION for Summary Judgment . filed by Robert E. Smith, Western Express, Inc. For the foregoing reason, the Defendants' Motion for Summary Judgment is granted in part and denied in part. Plaintiff' s claims under the 90/180 category and those relating to a permanent consequential or significant limitation to her back and left knee are dismissed as a matter of law. The claims relating to a permanent consequential or significant limitation to Plaintiff's neck and shoulder remain. The Clerk is respectfully requested to terminate the pending motion. (Docket No. 34). SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 9/14/2017) (anc)