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MOCTEZUMA v. GARCIA

10183, 20483/16E.

176 A.D.3d 578 (2019)

112 N.Y.S.3d 24

2019 NY Slip Op 07691

Cynthia Moctezuma, Appellant, v. Luis Garcia et al., Respondents.

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

Decided October 24, 2019.

Attorney(s) appearing for the Case

Gropper Law Group PLLC, New York (David De Andrade of counsel), for appellant.

Abrams, Gorelick, Friedman & Jacobson, LLP, New York (Jay S. Gunsher of counsel), for respondents.

Concur—Friedman, J.P., Kapnick, Oing, Singh, JJ.

Defendants made a prima facie showing that the condition of plaintiff's left knee involved preexisting osteoarthritis not causally related to the accident and that she did not seek contemporaneous post-accident treatment for left knee complaints after the accident (see Farmer v Ventkate Inc., 117 A.D.3d 562 [1st Dept 2014]). In opposition, plaintiff submitted her own MRI reports finding osteoarthritis, and an affirmed report of her...

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