Pabon v. Cerda

Pabon v. Cerda, 22 Misc. 3d 1106[A], 2009 NY Slip Op 50059[U] (Bronx Sup. Ct. 2009) involved the injury of "a tear of the fibrocartilage" which "was corroborated when surgery was performed" The Court denied defendant's motion for summary judgment on the issue of whether plaintiff sustained a "serious injury", finding that the defendant's expert's opinion as to the "degenerative nature of the left wrist injury, is highly speculative given the lack of any evidence that the plaintiff had any complaints to his left wrist prior to the occurrence of the accident." Id.