BENTHAM v. ROJAS


48 A.D.3d 314 (2008)

851 N.Y.S.2d 514

CRAIG BENTHAM, Respondent, v. LUIS ROJAS, Appellant.

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

Decided February 21, 2008.


Summary judgment was properly denied as plaintiff presented sufficient objective evidence demonstrating the existence of triable issues of fact as to whether he sustained a "serious injury" as a result of the automobile accident between the parties (Insurance Law § 5102 [d]). An MRI taken after the accident revealed tears of the medial meniscus and anterior cruciate ligament in plaintiff's left knee, and the affidavit of plaintiff's chiropractor and the affirmation of...

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