Keena v. Trappen

In Keena v. Trappen, ( AD2d , 742 N.Y.S.2d 344 [2nd Dept. 2002]), the plaintiff, in opposing the motion, submitted a physician's affirmation and a chiropractor's affidavit, both of which lacked probative value. At the conclusion of its opinion, the Second Department noted that the plaintiff "did not submit a physician's affidavit substantiating the existence of a 'medically determined' injury producing the alleged impairment of her activities." (Id. at 345-346.)