CRUZ v. APONTE


60 A.D.3d 431 (2009)

874 N.Y.S.2d 442

LOURDES CRUZ, Appellant, v. ROSENDO APONTE, Respondent.

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

Decided March 5, 2009.


Defendant met his initial burden of demonstrating absence of any permanent or significant consequential physical limitations to plaintiff's right knee by submitting the affirmed reports of a radiologist who opined that no meniscal tears were shown in the MRI, and an orthopedist who found no significant limitation in range of motion. The radiologist did observe a "vague linear signal change . . . in the posterior horn of the lateral meniscus" that was "most likely indicative...

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