CABRERA v. AHMED

21679/18E. Appeal No. 12509. Case No. 2020-00884.

189 A.D.3d 403 (2020)

132 N.Y.S.3d 773

2020 NY Slip Op 07129

Miguel Cabrera, Appellant, v. Faruque Ahmed, Respondent.

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

Decided December 1, 2020.


Attorney(s) appearing for the Case

Goldstein & Handwerker, LLP, New York ( Jason Levine of counsel), for appellant.

Robert D. Grace , Brooklyn, for respondent.

Concur—Gische, J.P., Webber, Oing, Mendez, JJ.


Defendant met his prima facie burden by demonstrating that plaintiff's claimed right knee injury was not causally related to the subject accident, based on the orthopedist's review of plaintiff's own medical records, including an MRI report, which contained findings of degeneration, and the report of a radiologist, who reviewed the MRI scans and opined that they showed tricompartmental osteoarthritis, reflecting a degenerative breakdown of structural components of the right...

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