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MEDLEY v. LOPEZ

7 A.D.3d 470 (2004)

777 N.Y.S.2d 473

YVETTE MEDLEY, Appellant, v. SIMON B. LOPEZ, Respondent.

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

May 27, 2004.

Plaintiff fails to adduce objective proof of a serious injury (Toure v Avis Rent A Car Sys., 98 N.Y.2d 345, 350 [2002]). Her doctor represents that a "traumatic internal derangement" to her left knee is "confirmed by an MRI revealing a tear of the posterior horn of the medial meniscus and a type II degenerative tear in the lateral meniscus." However, the MRI report on which the doctor relies only states that "[t]here is a type II...

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