Smith v. Genardo

Crew III, J.P.

Appeal from an order of the Supreme Court (Dowd, J.), entered January 12, 2005 in Otsego County, which, inter alia, denied defendant’s motion for summary judgment dismissing the complaint.

In January 1999, plaintiff injured, among other things, his right knee as a result of a work-related accident and subsequently underwent arthroscopic knee surgery, which was performed by William Hopper. Hopper classified plaintiff as 75% disabled as of April 1999, and plaintiff apparently did not return to work prior to the January 2000 motor vehicle accident that gave rise to this action.…