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WINTERS v. CRUZ

6202, 310637/08

90 A.D.3d 412 (2011)

933 N.Y.S.2d 551

2011 NY Slip Op 8671

WALTER WINTERS et al., Respondents, v. RAMON L. CRUZ et al., Appellants.

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

Decided December 1, 2011.

Defendants established their entitlement to judgment as a matter of law by showing that the injury to plaintiff's right knee was not serious within the meaning of Insurance Law § 5102 (d). Defendants submitted, inter alia, affirmed reports from a radiologist and an orthopedist, showing a healed right knee contusion and a preexisting condition of degenerative arthritis, which diagnosis was previously documented in the medical...

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