Wallingford v. Perez

*391Order, Supreme Court, Bronx County (Stanley Green, J.), entered April 28, 2003, which granted defendants’ motion for summary judgment dismissing the complaint on the ground that plaintiff did not sustain a serious injury as defined by Insurance Law § 5102 (d), unanimously affirmed, without costs.

Although plaintiffs physician performed surgery on her knee some 10 months after the accident which revealed tears that he opines were caused by the accident, his reports do not explain why an MRI taken a month after the accident showed no tears, or why plaintiff did not complain to him or anyone else…