TRAVIS v. BATCHI

2777, 14018/06.

75 A.D.3d 411 (2010)

905 N.Y.S.2d 66

SHEILA TRAVIS, Appellant, et al., Plaintiffs, v. NASSIROU M. BATCHI et al., Respondents.

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

Decided July 1, 2010.


The examination records of plaintiff's own treating physician/ expert show that she had full strength and range of motion in the knee both a few weeks and a few months after the accident, after he performed a right knee anterior cruciate ligament reconstruction, partial medial and lateral meniscectomy and chondroplasty. Absent some manner of explanation, the negative findings cannot be reconciled with the physician's affirmation submitted in opposition to the motion prepared...

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