McDUFFIE v. RODRIGUEZ

2642, 17034/06

72 A.D.3d 568 (2010)

899 N.Y.S.2d 218

ROSA L. McDUFFIE, Appellant, v. CAPELLAN B. RODRIGUEZ et al., Respondents.

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

Decided April 27, 2010.


Defendants met their prima facie burden of establishing that plaintiff did not sustain a serious injury by submitting the affirmed reports of experts who, after examining plaintiff and reviewing her medical records and MRI studies, found a lack of causation between her complaint of right knee pain and the subsequent arthroscopic surgical repair and the accident, and instead attributed plaintiff's condition to preexisting degenerative osteoarthritis (see Jean v Kabaya,...

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