Hojun Hwang v. "John Doe"

Appellate Division of the Supreme Court of New York

Hojun Hwang v. "John Doe"

2016 NY Slip Op 7610, 144 A.D.3d 507, 40 N.Y.S.3d 767

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 2016·No. 2216·Published·Cited by 1 cases

Opinion

Order, Supreme Court, Bronx County (Mary Ann Brigantti, J.), entered October 19, 2015, which, to the extent appealed from as limited by the briefs, granted defendant Wanda Mendez’s motion for summary judgment dismissing plaintiff’s claim that he suffered a serious injury to his right knee as a *508 result of a motor vehicle accident, unanimously affirmed, without costs.

Defendant made a prima facie showing that plaintiff did not sustain a serious injury to his right knee, by submitting the report of their orthopedic surgeon who found full range of motion, and opined, upon review of intraoperative photographs, that plaintiff’s knee surgery was not causally related to the accident (see Hernandez v Cespedes, 141 AD3d 483 [1st Dept 2016]; Acosta v Zulu Servs., Inc., 129 AD3d 640 [1st Dept 2015]).

In opposition, plaintiff failed to raise a triable issue of fact. Plaintiff presented no medical evidence concerning his alleged right knee injury, and thus failed to show any significant or permanent limitations in use of his knee, or that his knee condition was causally related to the accident (see Hernandez at 484). Plaintiff’s failure to raise an issue of fact as to whether his right knee condition was causally related to the accident means that he cannot recover for any right knee injury, regardless of whether he meets the serious injury threshold with respect to his cervical and lumbar spine claims (see Rubin v SMS Taxi Corp., 71 AD3d 548, 549 [1st Dept 2010]).

Concur— Mazzarelli, J.P., Andrias, Saxe, Feinman and Gische, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, Bronx County (Mary Ann Brigantti, J.), entered October 19, 2015, which, to the extent appealed from as limited by the briefs, granted defendant Wanda Mendez’s motion for summary judgment dismissing plaintiff’s claim that he suffered a serious injury to his right knee as a *508 result of a motor vehicle accident, unanimously affirmed, without costs.

Defendant made a prima facie showing that plaintiff did not sustain a serious injury to his right knee, by submitting the report of their orthopedic surgeon who found full range of motion, and opined, upon review of intraoperative photographs, that plaintiff’s knee surgery was not causally related to the accident (see Hernandez v Cespedes, 141 AD3d 483 [1st Dept 2016]; Acosta v Zulu Servs., Inc., 129 AD3d 640 [1st Dept 2015]).

In opposition, plaintiff failed to raise a triable issue of fact. Plaintiff presented no medical evidence concerning his alleged right knee injury, and thus failed to show any significant or permanent limitations in use of his knee, or that his knee condition was causally related to the accident (see Hernandez at 484). Plaintiff’s failure to raise an issue of fact as to whether his right knee condition was causally related to the accident means that he cannot recover for any right knee injury, regardless of whether he meets the serious injury threshold with respect to his cervical and lumbar spine claims (see Rubin v SMS Taxi Corp., 71 AD3d 548, 549 [1st Dept 2010]).

Concur— Mazzarelli, J.P., Andrias, Saxe, Feinman and Gische, JJ.

Hojun Hwang v. "John Doe", 2016 NY Slip Op 7610, 144 A.D.3d 507, 40 N.Y.S.3d 767 (N.Y. Ct. App. 2016).

Pincite

2016 NY Slip Op 7610 (Hojun Hwang v. "John Doe") — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related