Legal Opinion

Medley v. Lopez

Appellate Division of the Supreme Court of the State of New York

Decided May 27, 2004PublishedCited by 3 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Betty Owen Stinson, J), entered June 18, 2003, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff fails to adduce objective proof of a serious injury (Toure v Avis Rent A Car Sys., 98 NY2d 345, 350 [2002]). Her doctor represents that a “traumatic internal derangement” to her left knee is “confirmed by an MRI revealing a tear of the posterior horn of the medial meniscus and a type II degenerative tear in the lateral meniscus.” However, the MRI report on which the doctor relies only…

2Cases cited3 opinions

  1. Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
  2. Grasso v. AngeramiNew York Court of Appeals · 1991
  3. Vaughan v. BaezAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by3 opinions

  1. Montgomery v. PenaAppellate Division of the Supreme Court of the State of New York · 2005
  2. Dembele v. CambisacaAppellate Division of the Supreme Court of the State of New York · 2009
  3. Gibbs v. Hee HongAppellate Division of the Supreme Court of the State of New York · 2009

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