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TANDRA ENGLES, Appellant, v. APELLOW JEAN CLAUDE et al., Respondents.

The affidavits of plaintiff's experts are not defective simply because the notary's signature and seal appear on a separate page following the deponents' respective signatures ( cf. Collins v AA Truck Renting Corp., 209 AD2d 363), and the positive MRI findings should have been considered, although unsworn, because they were reviewed by defendants' expert orthopedist in reaching his opinion ( see Thompson v Abbasi, 15 AD3d 95, 97). Issues of fact as to whether plaintiff sustained serious injuries within the meaning of Insurance Law § 5102 (d) are raised by her experts' opinions that, as a result of the accident, she sustained a torn meniscus of the right knee that will require arthroscopic surgery ( see Noriega v Sauerhaft, 5 AD3d 121), tendinosis of the right shoulder ( see Jones v Norwich City School Dist., 283 AD2d 809), and has been unable to return to work as a traffic control officer because of an inability to stand for long periods of time or lift her right arm above the head ( cf. De Araujo v Stem Cab Corp., 207 AD2d 823, lv denied 84 NY2d 813). Plaintiffs other claimed injuries were not serious within the meaning of the statute.

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ENGLES v. CLAUDE
(Apr 19, 2007)