Valdez v. Benjamin
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Defendants met their burden of establishing the absence of a serious injury to plaintiff’s right knee by submitting their neurologist’s report finding full range of motion, negative test results, and resolved injuries, and their radiologist’s report finding absence of tears, trauma, or other causally related injuries (see Fuentes v Sanchez, 91 AD3d 418 [1st Dept 2012]). In opposition, plaintiff failed to raise a triable issue of fact. His treating physician provided neither evidence of range of motion limitations nor a qualitative assessment of the knee, and his finding of permanency relied…
2Cases cited8 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Pommells v. PerezNew York Court of Appeals · 2005
- Fuentes v. SanchezAppellate Division of the Supreme Court of the State of New York · 2012
- Dembele v. CambisacaAppellate Division of the Supreme Court of the State of New York · 2009
- Biascochea v. BovesAppellate Division of the Supreme Court of the State of New York · 2012
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3Cited by6 opinions
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- Mulligan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
- Grimaldi v. Newman & Okun, P.C.Appellate Division of the Supreme Court of the State of New York · 2013
- Dingle v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2016
- Grimaldi v. Newman & Okun, P.C.Appellate Division of the Supreme Court of the State of New York · 2013
1 more not listed; retrieve them via the Exa API.