ROACH v. CITYWIDE MOBILE RESPONSE CORP.

8533, 306230/09.

102 A.D.3d 576 (2013)

959 N.Y.S.2d 47

2013 NY Slip Op 411

ROBERT ROACH, Appellant, v. CITYWIDE MOBILE RESPONSE CORP., et al., Respondents.

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

Decided January 29, 2013.


Defendants established prima facie that plaintiff did not suffer serious injury of a permanent nature to his left knee by submitting an orthopedist's report finding normal ranges of motion and a radiologist's opinion that changes shown in an MRI of the then-35-year-old plaintiff were degenerative and preexisted the accident. In opposition, plaintiff submitted an arthroscopic surgeon's opinion that there were bilateral meniscal tears in the knee that were not degenerative...

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