Vargas v Marte, 2014 NY Slip Op 08561 (2d Dept. 2014)
Triable issue of fact on causation
“In particular, plaintiff’s surgeon, recognizing that plaintiff had sustained a prior left knee injury and some age-related degeneration, opined, following his review of plaintiff’s MRIs from before and after the accident, that the lack of left knee pain prior to the accident, coupled with the acute onset of pain after the accident, showed that plaintiff’s left knee meniscal tears were causally related to the subject accident”
Assuming you do not have the MRI’s, would the remainder of the passage be sufficient to defeat summary judgment? Unsure – but probably yes in light of Perl.
