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JEAN v. KABAYA

63 A.D.3d 509 (2009)

881 N.Y.S.2d 891

MIKE JEAN, Respondent, v. MOHAMED KABAYA et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 11, 2009.

Defendants established prima facie entitlement to judgment by submitting the report of their expert orthopedist indicating that plaintiff had normal range of motion in his left knee and that there was no finding suggesting a traumatic injury. The expert further opined that the cartilage changes in plaintiff's left knee were due to a degenerative condition, probably caused by plaintiff's sports activity. Indeed, the same cartilage...

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