Winters v. Cruz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
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 *413medical records of plaintiffs orthopedic surgeon (see Spencer v Golden Eagle, Inc., 82 AD3d 589, 590-591 [2011]). Plaintiff had surgery on his left knee weeks before the…
2Cases cited6 opinions
- Thompson v. AbbasiAppellate Division of the Supreme Court of the State of New York · 2005
- Spencer v. Golden Eagle, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
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- Torain v. BahAppellate Division of the Supreme Court of the State of New York · 2010
- Morris v. Ilya Cab Corp.Appellate Division of the Supreme Court of the State of New York · 2009
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