AGARD v. BRYANT


24 A.D.3d 182 (2005)

805 N.Y.S.2d 348

ERODITA AGARD, Respondent, v. LESLIE H. BRYANT, Appellant.

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

December 8, 2005.


In moving for summary judgment dismissing the complaint, defendant was required to come forward with competent medical evidence negating plaintiff's claim that the subject accident caused her serious injury within the meaning of Insurance Law § 5102 (d). Defendant met this initial burden by submitting, inter alia, the sworn report of a radiologist who, based on his review of MRI films of plaintiff's left and right knees, opined that both knees were affected by degenerative...

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