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BRITO v. GOMEZ

No. 97 SSM 14.

33 N.Y.3d 1126 (2019)

131 N.E.3d 904

107 N.Y.S.3d 797

2019 NY Slip Op 06452

BENEDICTA BRITO, Respondent, v. RAFAEL GOMEZ et al., Appellants.

Court of Appeals of New York.

Decided September 10, 2019.

Attorney(s) appearing for the Case

Lewis Brisbois Bisgaard & Smith LLP, New York City ( Nicholas P. Hurzeler of counsel), for appellants.

Pollack, Pollack, Isaac & De Cicco, LLP, New York City ( Brian J. Isaac of counsel), for respondent.

Chief Judge DiFiORE and Judges RIVERA, STEIN, FAHEY, GARCIA, WILSON and FEINMAN concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, the case remitted to Supreme Court for further proceedings in accordance with this memorandum, and the certified question answered in the negative.

Plaintiff affirmatively placed the condition of her knees into controversy through allegations that the underlying accident caused difficulties in walking and standing that affect her ambulatory capacity...

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