Legal Opinion
Jean v. Kabaya
Appellate Division of the Supreme Court of the State of New York
Decided June 11, 2009PublishedCited by 10 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Paul A. Victor, J.), entered January 12, 2009, which denied defendants’ motion for summary judgment, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendants dismissing the complaint.
Defendants established prima facie entitlement to judgment by submitting the report of their expert orthopedist indicating that plaintiff had normal range of motion in his left knee and that there was no finding suggesting a traumatic injury. The expert further opined that the cartilage changes in…
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