NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
March 26, 2009
HECTOR NUNEZ, PLAINTIFF-RESPONDENT,
LUIS R. ZHAGUI, DEFENDANT-APPELLANT.
Order, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered August 8, 2008, which, insofar as appealed from, denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Andrias, J.P., Gonzalez, Buckley, Acosta, JJ.
After defendant's showing of prima facie entitlement to summary judgment, the court properly found that plaintiff raised a triable issue of fact through his treating doctor's affirmation, which, when considered in connection with MRIs taken within weeks of the accident, found objective medical findings of range of motion limitations contemporaneous with the accident and upon recent examination (see Thompson v Abbasi, 15 AD3d 95, 97 ). The existence of a serious injury is also supported by the affirmed report of the orthopedic surgeon who performed surgery on plaintiff's left knee 21/2 years after the accident, and found, among other things, a crack on the lateral facet of the patella (see Morris v Cisse, __ AD3d __, 2009 NY Slip Op 95 [1st Dept 2009]).
We have considered defendant's remaining contentions and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
© 1992-2009 VersusLaw Inc.