Danzy v. Wood

I respectfully dissent. Unlike the cases relied upon by the majority (see, Davis v Brightside Fire Protection, 275 AD2d 298; Graves v Liu, 273 AD2d 440), there is no question that plaintiff here suffered a “serious injury,” to wit, a medial meniscus tear of the left knee. However, the majority does not find any evidence that such injury was caused by the motor vehicle accident on April 20, 1996 notwithstanding the fact that plaintiff’s treating physician opined in his affidavit that plaintiff’s injury was “a direct result of the motor vehicle accident on April 20, 1996.” The majority labels…