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ROSA L. McDUFFIE, Appellant, v. CAPELLAN B. RODRIGUEZ et al., Respondents.

Defendants met their prima facie burden of establishing that plaintiff did not sustain a serious injury by submitting the affirmed reports of experts who, after examining plaintiff and reviewing her medical records and MRI studies, found a lack of causation between her complaint of right knee pain and the subsequent arthroscopic surgical repair and the accident, and instead attributed plaintiff's condition to preexisting degenerative osteoarthritis ( see Jean v Kabaya, 63 AD3d 509). In opposition, plaintiff raised a triable issue of fact, as her treating physician noted acute injuries related to the automobile accident as well as degenerative changes. Defendants' remaining arguments need not be addressed.

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McDUFFIE v. RODRIGUEZ
(Apr 27, 2010)