Appellate Division of the Supreme Court of New York, 1995

Noble v. Ackerman

Noble v. Ackerman
Appellate Division of the Supreme Court of New York · Decided June 20, 1995
216 A.D.2d 140; 629 N.Y.S.2d 198; 1995 N.Y. App. Div. LEXIS 6508
Noble v. Ackerman

Opinion of the Court

sOrder, Supreme Court, Bronx County (Barry Salman, J.), entered October 19, 1994, which, insofar as appealed from, denied defendant’s request for certain medical authorizations, unanimously affirmed, without costs.

Defendant’s request for medical authorizations pertaining to a knee operation performed on plaintiff more than ten years before the accident in issue was properly denied on the ground that plaintiff does not claim that his knee was injured in the accident or that his prior knee injury was aggravated (cf., Caplow v Otis El. Co., 176 AD2d 199, 200). Concur—Sullivan, J. P., Rosenberger, Ellerin, Rubin and Mazzarelli, JJ.

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