McLOYRD v. PENNYPACKER


178 A.D.2d 227 (1991)

Kenneth McLoyrd, Respondent, v. Jay Pennypacker, Appellant

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

December 12, 1991


Plaintiff was involved in a bicycle collision with defendant's motor vehicle in 1984. Two years later he brought this action, alleging "severe and serious personal injuries." His bill of particulars specified a herniated disc and exacerbation of a pre-existing knee condition.

In December 1990 defendant moved for summary judgment, supported by contemporaneous affirmations from three examining physicians (an orthopedist and two neurologists), each of whom noted no significant...

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