ESCOTTO v. VALLEJO

Nos. 7700, 301955/07, 7700A.

95 A.D.3d 667 (2012)

944 N.Y.S.2d 550

2012 NY Slip Op 3938

NOLDALIA ESCOTTO, Appellant, v. ROQUE VALLEJO et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 22, 2012.


On April 2, 2007, plaintiff sustained injuries when a vehicle operated and owned, respectively, by defendants Roque Vallejo and NYLL Management Ltd. struck her as she was crossing the street.

Defendants failed to meet their initial burden of establishing that plaintiff did not sustain a serious injury to her knee as a result of the accident. In support of their summary judgment motion, defendants submitted the report of their orthopedist, Dr. Gregory Montalbano, who...

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