An interesting 5102(d) case involving a knee surgeryFebruary 26, 2010
Gilmonio v Toussaint, 2010 NY Slip Op 50258(U)(App. Term 1st Dept. 2010).
An appellate court found that the a knee surgery was insufficient to defeat a threshold motion based upon a knee injury. The court found that the plaintiff’s expert’s opinion was inappropriate “since [the doctor’s] conclusions were premised on an incomplete history of plaintiff’s medical treatment”.
Read the case – it is quite interesting. Can you see the no-fault link?