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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 15, 2016

Docket2216

StatusPublished

Cited by1 cases

This text of 2016 NY Slip Op 7610 (Hojun Hwang v. "John Doe") is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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).

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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.

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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.

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Bluebook (online)

2016 NY Slip Op 7610, 144 A.D.3d 507, 40 N.Y.S.3d 767, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hojun-hwang-v-john-doe-nyappdiv-2016.

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