Summary
In Noble v Ackerman (216 AD2d 140 [1st Dept 1995]), the First Department denied defendant's request for authorizations regarding a knee operation performed ten years before the accident because the "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)."
Summary of this case from Brennan v. Dormitory Authority of State of N.Y.Opinion
June 20, 1995
Appeal from the Supreme Court, Bronx County (Barry Salman, J.).
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 A.D.2d 199, 200).
Concur — Sullivan, J.P., Rosenberger, Ellerin, Rubin and Mazzarelli, JJ.