WALLINGFORD v. PEREZ


11 A.D.3d 390 (2004)

785 N.Y.S.2d 42

GERALDINE WALLINGFORD, Appellant, v. ABRAHAM PEREZ et al., Respondents.

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

October 26, 2004.


Although plaintiff's physician performed surgery on her knee some 10 months after the accident which revealed tears that he opines were caused by the accident, his reports do not explain why an MRI taken a month after the accident showed no tears, or why plaintiff did not complain to him or anyone else about the knee until some four months after the accident, which was a few days after she was knocked down in an unrelated incident. His report does say that the MRI revealed...

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