WENDY ORTIZ, plf-ap, v. HOFED MOHAMMED SALAHUDDIN def-res

9128. WENDY ORTIZ, plf-ap, v. HOFED MOHAMMED SALAHUDDIN def-res — Sacco & Fillas LLP, Astoria (Si Aydiner of counsel), for ap — Baker, McEvoy, Morrissey & Moskovitz, P.C., New York (Stacy R. Seldin of counsel), for res — Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered October 15, 2011, which, to the extent appealed from as limited by the briefs, granted defendants' motion for summary judgment dismissing the complaint on the ground that plaintiff did not suffer a serious injury within the meaning of Insurance Law §5102(d), unanimously modified, on the law, the motion denied insofar as it seeks dismissal of plaintiff's claim of serious injury to her right knee, and otherwise affirmed, without costs.

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9128. WENDY ORTIZ, plf-ap, v. HOFED MOHAMMED SALAHUDDIN def-res — Sacco & Fillas LLP, Astoria (Si Aydiner of counsel), for ap — Baker, McEvoy, Morrissey & Moskovitz, P.C., New York (Stacy R. Seldin of counsel), for res — Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered October 15, 2011, which, to the extent appealed from as limited by the briefs, granted defendants’ motion for summary judgment dismissing the complaint on the ground that plaintiff did not suffer a serious injury within the meaning of Insurance Law §5102(d), unanimously modified, on the law, the motion denied insofar as it seeks dismissal of plaintiff’s claim of serious injury to her right knee, and otherwise affirmed, without costs.

Defendants met their prima facie burden of demonstrating that plaintiff did not sustain a serious injury to her right knee, cervical spine and lumbar spine by submitting the affirmation of an orthopedic surgeon, a neurologist and a radiologist who found no evidence of acute or recent trauma, normal ranges of motion (see Robinson v. Joseph, 99 AD3d 568 [1st Dept 2012]) and only a degenerative injury in the right knee (see Depena v. Sylla, 63 AD3d 504, 505 [1st Dept 2009], lv denied 13 NY3d 706 [2009]). In opposition, plaintiff raised an issue of fact with respect to the alleged right knee injury by submitting the affirmation of a radiologist finding that an MRI taken shortly after the accident showed a meniscal tear, as well as an affirmation from her orthopedic surgeon stating that he observed the torn meniscus and repaired it when he performed arthroscopy (see Suazo v. Brown, 88 AD3d 602 [1st Dept 2011]). The surgeon’s affirmation further states that plaintiff suffered limitations in movement that are permanent and were caused by the accident. He based his conclusion on surgical observations, multiple examinations, and his review of MRI reports (see Salman v. Rosario, 87 AD3d 482, 483-484 [1st Dept 2011]).

WENDY ORTIZ, plf-ap, v. HOFED MOHAMMED SALAHUDDIN def-res

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