Defendant corporation established prima facie that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). It submitted persuasive evidence of pre-existing degenerative bone disease in plaintiff's left knee that predated the accident, by way of a radiologist's affirmed report detailing the findings in plaintiff's MRI film, as well as plaintiff's physician's findings of degenerative disease. In opposition, plaintiff failed to meet his...
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