Mitchell v. Calle
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Defendants concede that plaintiff has a meniscal tear in her left knee, and their radiologist’s report is too equivocal to make a prima facie showing that the tear was not caused by the accident (see Glynn v Hopkins, 55 AD3d 498, 498 [2008]), especially given plaintiffs relatively young age at the time of the accident (see June v Akhtar, 62 AD3d 427, 428 [2009]). However, defendants made a prima facie showing that plaintiff did not sustain a “permanent consequential limitation of use” of the knee within the meaning of Insurance Law § 5102 (d) by submitting the affirmed reports of medical…
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