Plaintiff's submissions were sufficient to establish the existence of a question of fact as to whether he sustained a serious injury, as defined in Insurance Law § 5102 (d), which was causally related to the car accident of December 6, 1999. The August 15, 2001 report of Dr. Lubliner asserted that the December 6 accident caused an exacerbation of a previous condition of plaintiff's right knee, pointing to the differences in the preaccident operative report of November...
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