Opinion
8578 Index 152701/15
03-05-2019
Sabrina MUNOZ, Plaintiff–Appellant, v. Ricky R. ROBINSON, et al., Defendants–Respondents.
Molod Spitz & DeSantis, P.C., New York (Marcy Sonneborn of counsel), for appellant. DeSena & Sweeney, LLP, Bohemia (Shawn P. O'Shaughnessy of counsel), for Rickey R. Robinson and Denise L. Robinson, respondents. Bamundo, Zwal & Schermerhorn, LLP, New York (Edward W. Chen of counsel), for William Paulino, respondent.
Molod Spitz & DeSantis, P.C., New York (Marcy Sonneborn of counsel), for appellant.
DeSena & Sweeney, LLP, Bohemia (Shawn P. O'Shaughnessy of counsel), for Rickey R. Robinson and Denise L. Robinson, respondents.
Bamundo, Zwal & Schermerhorn, LLP, New York (Edward W. Chen of counsel), for William Paulino, respondent.
Acosta, P.J., Richter, Manzanet–Daniels, Tom, Moulton, JJ.
Defendants established prima facie that plaintiff did not suffer a serious injury to her left knee as a result of the subject accident through the affirmed reports of their experts, who examined plaintiff, documented normal range of motion, and attributed plaintiff's complaints to a preexisting degenerative condition (see e.g. Castro v. DADS Natl. Enters., Inc., 165 A.D.3d 601, 87 N.Y.S.3d 18 [1st Dept. 2018] ).
In opposition, plaintiff raised an issue of fact through the affirmed narrative report of her treating orthopedic surgeon, who documented limitations in plaintiff's range of motion, acknowledged plaintiff's preexisting degenerative condition, and concluded, based on a full review of the medical history, physical examination and observations during surgery, that the accident had severely aggravated plaintiff's condition, necessitating surgery for an acute meniscal tear (see Lazzari v. Qualcon Constr., LLC, 162 A.D.3d 440, 441, 78 N.Y.S.3d 126 [1st Dept. 2018] ; Giap v. Hathi Son Pham, 159 A.D.3d 484, 486, 71 N.Y.S.3d 504 [1st Dept. 2018] ; see also Malloy v. Matute, 79 A.D.3d 584, 913 N.Y.S.2d 95 [1st Dept. 2010] ).