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FILED: SCHENECTADY COUNTY CLERK 01/24/2024 01:41 PM INDEX NO. 2021-1920
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 01/24/2024
STATE OF NEW YORK
SUPREME COURT COUNTY OF SCHENECTADY
- _ _ _ _ _ _ _ _ - _ _ _ _ _ - - - - _ _ _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - -- ------ - - - __
KATHLEEN M. KOBLENSKY,
Plaintiff,
-against- Index No. 2021-1920
CAROLE A. WARBURTON,
Defendant.
------------ ____ __________________ _ _ _ - _______ __ _ _ _ _ _ _ _ _ _____ _ ____
NOTICE OF ENTRY
VIA NYSCEF
PLEASE TAKE NOTICE, that the within is a true and complete copy of an Decision/ Order
signed by the Hon. Vincent W. Versaci, on January 23, 2024, and entered in the Schenectady County
Clerk's office via NYSCEF on January 24, 2024.
Date: January 24, 2024
H I A I, HORIGAN & LOMBARDO, P.C.
By: . oseph D. Giannetti, Esq.
jde@horinanlaw.com
Attorney(s) for Defendant
TO: Gabriel Sepulveda-Sanchez, Esq.
gabriel@sepulvedalawaroup.com
Attorney(s) for Plaintiff
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AM)
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STATE OF NEW YORK
SUPREME COURT COUNTY OF SCHENECTADY
.....................--...................................-...................
KATHLEEN M.KOBLENSKY,
Plaintiff,
DECISION/ORDER
- against -
Index No. 2021-1920
CAROLE A. WARBURTON, RJi 46-1-2022-0491
Defendant.
-.....-..........................................--....--......----...-...
APPEARANCES:
Attorneys for the Plaintiff: Attorneys for the Defendant:
Sepulveda Sanchez Law, P.C. Horigan, Horigan & Lombardo, P.C.
Gabriel Sepulveda Sanchez, Esq., Of Counsel Joseph D. Giannetti, Esq., Of Counsel
43rd
43 West Street, Suite 247 125 Guy Park Avenue
New York, New York 10036 Amsterdam, New York 12010
VINCENT W. VERSACI, A.S.C.J.
In this personal injury action, the Defendant, Carole A. Warburton (hereinafter
referred to as the "Defendant"), moves for an Order pursuant to CPLR Rule 3212 granting
summary judgment to the Defendant and dismissing the Complaint on the ground that the
Plaintiff, Kathleen M. Koblensky (hereinafter referred to as the "Plaintiff"), did not sustain
injury"
a "serious as that term is defined in Section 5102(d) of the Insurance Law. The
Plaintiff opposes the Motion.
This action arises out of a motor vehicle accident that occurred on the morning of
August 8, 2019, when the Plaintiff was stopped at a red light on Balltown Road in the
Town of Niskayuna, County of Schenectady, State of New York. The Plaintiff's vehicle
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was rear-ended by the Defendants vehicle. At her Examination Before Trial ("EBT"), the
Plaintiff testified that she was wearing her seatbelt and that her airbags did not deploy
upon impact. The impact caused the upper right side other face to hit the steering wheel,
causing a bump on her cheek and eyebrow but no bruising or bleeding. The paramedic
helped the Plaintiff out of her car and then she walked around to the back of the car to
look at the damage. She testified that at this point, she could not feel anything. She
believes that she briefly lost consciousness.
The Defendant submits the Plaintiff's medical records in support of the Motion.
The EMS records indicate that the Plaintiff did not lose consciousness, that she was alert
and that she "was able to walk easily over to the awaiting ambulance and climb in for
hurt"
evaluation". Her chief complaint was that her "shoulder but she stated that "its fine
now". The results of her physical assessment were all normal. S_ee, Defendanes
Exhibit "E".
The Plaintiff was taken to Ellis Hospital by ambulance. The Ellis Hospital records
indicate that the Plaintiff complained of a left frontal headache but reported no pain in her
neck, back or abdomen. The records indicate no trauma to her head, no obvious
swelling of her neck with normal range of motion, and no posterior tendemess. No
diagnostic tests were performed. The Plaintiff was prescribed Tylenol and released.
S_e_e, Defendant's Exhibit "F".
Approximately one (1) week following the accident, the Plaintiff sought treatment
at Glens Falls Hospital for the pain she was experiencing in her head, face, neck and right
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shoulder. X-rays of the Plaintiff's cervical spine taken on August 14, 2019 showed no
acute pathology; significant degenerative osteophytes
changes; at several levels of her
cervical spine; and facet arthropathy. Spondylolisthesis at C4-5 was also noted. Notes
from the physical examination show no evidence of head mild
trauma; tenderness of the
right maxilla; and slight decreased range of motion of the neck. She was diagnosed with
a contusion on her face; cervical and right
concussion; strain; shoulder strain. CT scans
were taken of her facial bones and the results of which
head, were negative. See,
Defendant's Exhibit "G".
The Plaintiff also went to see an optometrist one week after
(1) the accident for
pain in her right eye. She reported that she was not experiencing headaches or any
vision problems at that time. U pon her recent and
examination, remote memory was
fully intact. Her right eye, adnexa and orbit were normal. She did not receive any
treatment as her vision test was normal. S_eg, Defendant's Exhibit "H".
The Plaintiff continued to follow at Glens Falls Hospital in
up late August and
September, 2019 for her head and facial pain. An August 2019 examination
29, revealed
that she had full range of motion of all her her
extremities, including right shoulder and
her back. An examination of her neck and face was
head, unremarkable. The Plaintiff
was diagnosed with concussion syndrome and trigeminal neuralgia. She was referred
to a neurologist. See, Defendant's Exhibit "G".
Dr. Lenihan with Adirondack Associates
Neurology examined the Plaintiff on
September 17, 2019. He found no evidence of trauma to her head and that her
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complaints of pain were typical for someone who had suffered a concussion. The
examination was otherwise unremarkable. Se , Defendant's Exhibit "J".
Dr. Kopp with Capital Region Otolaryngology examined the Plaintiff on September
24, 2010. The examination was unremarkable. He found no evidence of head trauma,
no tenderness over the TMJ bilaterally, and that she had atypical facial pain. A follow-
up examination on December 24, 2019 found no tenderness of the temporal mandibular
joints bilaterally. Examinations of her ears, nose and hearing were all normal. §_ee ,
Defendanes Exhibit "K".
The Plaintiff treated with Capital Region Orthopedics Bone and Joint Center
approximately three (3) weeks after the accident. An examination revealed right sided
pericervical tenderness but was otherwise unremarkable. She was referred to physical
therapy. See, Defendanes Exhibit "I".
The Plaintiff treated with an orthopedist at OrthoNY in November, 2019, for her
neck pain, tingling and numbness in her right arm, and weakness in her right hand. She
reported decreased sensation in the first three (3) digits of her right hand. She was
diagnosed with cervical axial and radicular pain. She returned on January 6, 2020, and
again on February 3, 2020, for a cervical epidural spinal injection at C7-T1 levels. The
Plaintiff claims that these injections only partially relieved her symptoms. She returned
again on February 27, 2020, complaining of right shoulder pain. X-rays of the Plaintiff's
right shoulder showed chronic changes at the tuberosity with significant spurring of the
inferior acromion and some arthritis in the AC joint. The Plaintiff was given a cortisone
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injection. S_eg, Defendanes Exhibit "L".
The Plaintiff had an MRI of her cervical spine on November 18, 2010.
Degenerative changes with osteophytes were noted at several levels. Severe left
foraminal narrowing and minimal right foraminalnarrowing were noted at C4-Sand severe
right foraminal narrowing at C3-4. Seg, Defendanfs Exhibit "L".
The Plaintiff went back to Glens Falls Hospital on December 3, 2019 and saw Dr.
Braiman in Neurology. His examination of the Plaintiff was unremarkable. He noted
spasm"
"convergence and "status closed head injury with post concussive symptoms of
right facial pain, periodic imbalance, psychic out of body type dizziness". He
recommended meditation, yoga and acupuncture to alleviate her symptoms because she
refused to take prescription medications. §eg, Defendanis Exhibit "G".
On December 18, 2010, an electrodiagnostic evaluation (EMG) of the Plaintiffs
!
right arm was performed at Adirondack Rehabilitation Medicine. The results showed left
mild median neuropathy consistent with carpal tunnel syndrome; no cervical
radiculopathy; no brachial plexus bilaterally; no right median neuropathy; and no ulnar
neuropathy bilaterally. Seg, Defendanes Exhibit "O".
The Plaintiff also went to physical therapy from September, 2019 to March, 2020,
for the pain in her neck and shoulder, and for the numbness she was experiencing in her
right arm. The physical therapy records indicate that the Plaintiff presented with a
diagnosis of cervical radiculopathy from the motor vehicle accident. S_ee, Defendant's
Exhibit "M".
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An orthopedic IME was conducted on February 26, 2020 by Dr. Petroski. On
examination of the Dr. Petroski found no cervical spasms, minimal to moderate
Plaintiff,
on paraspinal and upper and diminished range of motion of
tenderness trapezius, mildly
her cervical spine. The Plaintiff's muscle strength and sensation in both arms was
normal and her reflexes were intact. Dr. Petroski diagnosed the Plaintiff with a cervical
spine thoracic spine sprain from the neck, unresolved; right
strain, unresolved; radiating
and left shoulder both unresolved; and right wrist tingling radiating from the neck,
sprains,
unresolved. See, Defendants Exhibit "O".
The Plaintiff was treated at Samaritan Hospital in March, 2020 for a prescription
overdose. An examination on March 6, 2020, revealed no significant cognitive
drug
deficits. Seg, Defendanes Exhibit "O".
The Plaintiff was seen a neurologist with St. Peter's Health Partners on May 11,
by
was diagnosed with post-
2020. The examination was unremarkable. The Plaintiff
concussion facial paresthesias, and trigeminal neuralgia. See, Defendants
syndrome,
Exhibit "O".
The Defendant also submits the Plaintiff's testimony at her EBT that took place on
November 2022. The Plaintiff testified that she did not have to make any
11,
modifications to her residence to accommodate her injuries from the accident. She
testified that the her daughter came to her house to help her with the
following accident,
and but she could not remember when or for how long. The
cleaning cooking exactly
Plaintiff's sister also came once or twice to her food. She did not have to hire
bring
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NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 01/23/2024
me"
anyone to help take care of her after the accident. She testified that "nobody helped
with her activities of daily living (see, Defendants Exhibit "D", at page 12).
The Plaintiff testified that at the time of the accident, she was retired from her
cleaning business. She described her activities of daily living prior to the accident as
cooking, cleaning, swimming and some gardening and farming. Her plan upon
retirement was to start a farm so that she could have a farm stand. During the six (6)
months after the accident, the Plaintiff still cooked and took care of the chickens on her
farm, but could not lift the grain or hay with a pitchfork and had difficulty doing her usual
activities, although she was able to pull up the onions she grew. She testified that she
mostly"
"was in bed (ses, Defendant's Exhibit "D", at page 65).
At the time of her EBT, the Plaintiff did not have any appointments scheduled to
see any doctors for the injuries she sustained as a result of the accident. She testified
that she still has a bump on her forehead from the accident and is still dizzy. She has
anxiety that she did not have prior to the accident and has not been able to read a book
together"
since the accident because "the letters are all mixed (see, Defendanes Exhibit
"D", at page 72). She has difficulty recognizing voices including her husband's voice.
She testified that she still has pain in the right upper part of her head, her neck and her
arm, but that it is not as bad.
The Defendant submits the Reports of Dr. John J. Cambareri and Dr.
Preview
FILED: SCHENECTADY COUNTY CLERK 01/24/2024 01:41 PM INDEX NO. 2021-1920 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 01/24/2024 STATE OF NEW YORK SUPREME COURT COUNTY OF SCHENECTADY - _ _ _ _ _ _ _ _ - _ _ _ _ _ - - - - _ _ _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - -- ------ - - - __ KATHLEEN M. KOBLENSKY, Plaintiff, -against- Index No. 2021-1920 CAROLE A. WARBURTON, Defendant. ------------ ____ __________________ _ _ _ - _______ __ _ _ _ _ _ _ _ _ _____ _ ____ NOTICE OF ENTRY VIA NYSCEF PLEASE TAKE NOTICE, that the within is a true and complete copy of an Decision/ Order signed by the Hon. Vincent W. Versaci, on January 23, 2024, and entered in the Schenectady County Clerk's office via NYSCEF on January 24, 2024. Date: January 24, 2024 H I A I, HORIGAN & LOMBARDO, P.C. By: . oseph D. Giannetti, Esq. jde@horinanlaw.com Attorney(s) for Defendant TO: Gabriel Sepulveda-Sanchez, Esq. gabriel@sepulvedalawaroup.com Attorney(s) for Plaintiff 1 of 22 FILED: SCHENECTADY COUNTY CLERK 01/24/2024 01:41 PM INDEX NO. 2021-1920 FILED: DOC. SCHENECTADY NYSCEF NO. 48 COUNTY CLERK 01/24 /{Ô}4 08 : 50 INDE RECEIVED X NO . 2021-1920 NYSCEF: 01/24/2024 AM) NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 01/23/2024 STATE OF NEW YORK SUPREME COURT COUNTY OF SCHENECTADY .....................--...................................-................... KATHLEEN M.KOBLENSKY, Plaintiff, DECISION/ORDER - against - Index No. 2021-1920 CAROLE A. WARBURTON, RJi 46-1-2022-0491 Defendant. -.....-..........................................--....--......----...-... APPEARANCES: Attorneys for the Plaintiff: Attorneys for the Defendant: Sepulveda Sanchez Law, P.C. Horigan, Horigan & Lombardo, P.C. Gabriel Sepulveda Sanchez, Esq., Of Counsel Joseph D. Giannetti, Esq., Of Counsel 43rd 43 West Street, Suite 247 125 Guy Park Avenue New York, New York 10036 Amsterdam, New York 12010 VINCENT W. VERSACI, A.S.C.J. In this personal injury action, the Defendant, Carole A. Warburton (hereinafter referred to as the "Defendant"), moves for an Order pursuant to CPLR Rule 3212 granting summary judgment to the Defendant and dismissing the Complaint on the ground that the Plaintiff, Kathleen M. Koblensky (hereinafter referred to as the "Plaintiff"), did not sustain injury" a "serious as that term is defined in Section 5102(d) of the Insurance Law. The Plaintiff opposes the Motion. This action arises out of a motor vehicle accident that occurred on the morning of August 8, 2019, when the Plaintiff was stopped at a red light on Balltown Road in the Town of Niskayuna, County of Schenectady, State of New York. The Plaintiff's vehicle 1 1 of 21 2 of 22 FILED: SCHENECTADY COUNTY CLERK 01/24/2024 01:41 PM INDEX NO. 2021-1920 INDEX NO. 2021-1920 FILED: DOC.SCHENECTADY NYSCEF NO. 48 COUNTY CLERK 01/24/2024 08:50 AMI RECEIVED NYSCEF: 01/24/2024 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 01/23/2024 was rear-ended by the Defendants vehicle. At her Examination Before Trial ("EBT"), the Plaintiff testified that she was wearing her seatbelt and that her airbags did not deploy upon impact. The impact caused the upper right side other face to hit the steering wheel, causing a bump on her cheek and eyebrow but no bruising or bleeding. The paramedic helped the Plaintiff out of her car and then she walked around to the back of the car to look at the damage. She testified that at this point, she could not feel anything. She believes that she briefly lost consciousness. The Defendant submits the Plaintiff's medical records in support of the Motion. The EMS records indicate that the Plaintiff did not lose consciousness, that she was alert and that she "was able to walk easily over to the awaiting ambulance and climb in for hurt" evaluation". Her chief complaint was that her "shoulder but she stated that "its fine now". The results of her physical assessment were all normal. S_ee, Defendanes Exhibit "E". The Plaintiff was taken to Ellis Hospital by ambulance. The Ellis Hospital records indicate that the Plaintiff complained of a left frontal headache but reported no pain in her neck, back or abdomen. The records indicate no trauma to her head, no obvious swelling of her neck with normal range of motion, and no posterior tendemess. No diagnostic tests were performed. The Plaintiff was prescribed Tylenol and released. S_e_e, Defendant's Exhibit "F". Approximately one (1) week following the accident, the Plaintiff sought treatment at Glens Falls Hospital for the pain she was experiencing in her head, face, neck and right 2 2 of 21 3 of 22 FILED: SCHENECTADY COUNTY - CLERK 01/24/2024 01:41 PM INDEX NO. 2021-1920 NYSCEF DOC. NO. 48 INDEX RECEIVED NO. NYSCEF: 2021-1920 01/24/2024 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 01/23/2024 shoulder. X-rays of the Plaintiff's cervical spine taken on August 14, 2019 showed no acute pathology; significant degenerative osteophytes changes; at several levels of her cervical spine; and facet arthropathy. Spondylolisthesis at C4-5 was also noted. Notes from the physical examination show no evidence of head mild trauma; tenderness of the right maxilla; and slight decreased range of motion of the neck. She was diagnosed with a contusion on her face; cervical and right concussion; strain; shoulder strain. CT scans were taken of her facial bones and the results of which head, were negative. See, Defendant's Exhibit "G". The Plaintiff also went to see an optometrist one week after (1) the accident for pain in her right eye. She reported that she was not experiencing headaches or any vision problems at that time. U pon her recent and examination, remote memory was fully intact. Her right eye, adnexa and orbit were normal. She did not receive any treatment as her vision test was normal. S_eg, Defendant's Exhibit "H". The Plaintiff continued to follow at Glens Falls Hospital in up late August and September, 2019 for her head and facial pain. An August 2019 examination 29, revealed that she had full range of motion of all her her extremities, including right shoulder and her back. An examination of her neck and face was head, unremarkable. The Plaintiff was diagnosed with concussion syndrome and trigeminal neuralgia. She was referred to a neurologist. See, Defendant's Exhibit "G". Dr. Lenihan with Adirondack Associates Neurology examined the Plaintiff on September 17, 2019. He found no evidence of trauma to her head and that her 3 3 of 21 4 of 22 FILED: SCHENECTADY COUNTY CLERK 01/24/2024 01:41 PM INDEX NO. 2021-1920 INDEX NO . 2021-1920 NYSCEF FILED: DOC.SCHENECTADY NO. 48 COUNTY CLERK 01/24 /2024 08:50 AM RECEIVED NYSCEF: 01/24/2024 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 01/23/2024 complaints of pain were typical for someone who had suffered a concussion. The examination was otherwise unremarkable. Se , Defendant's Exhibit "J". Dr. Kopp with Capital Region Otolaryngology examined the Plaintiff on September 24, 2010. The examination was unremarkable. He found no evidence of head trauma, no tenderness over the TMJ bilaterally, and that she had atypical facial pain. A follow- up examination on December 24, 2019 found no tenderness of the temporal mandibular joints bilaterally. Examinations of her ears, nose and hearing were all normal. §_ee , Defendanes Exhibit "K". The Plaintiff treated with Capital Region Orthopedics Bone and Joint Center approximately three (3) weeks after the accident. An examination revealed right sided pericervical tenderness but was otherwise unremarkable. She was referred to physical therapy. See, Defendanes Exhibit "I". The Plaintiff treated with an orthopedist at OrthoNY in November, 2019, for her neck pain, tingling and numbness in her right arm, and weakness in her right hand. She reported decreased sensation in the first three (3) digits of her right hand. She was diagnosed with cervical axial and radicular pain. She returned on January 6, 2020, and again on February 3, 2020, for a cervical epidural spinal injection at C7-T1 levels. The Plaintiff claims that these injections only partially relieved her symptoms. She returned again on February 27, 2020, complaining of right shoulder pain. X-rays of the Plaintiff's right shoulder showed chronic changes at the tuberosity with significant spurring of the inferior acromion and some arthritis in the AC joint. The Plaintiff was given a cortisone 4 4 of 21 5 of 22 FILED: SCHENECTADY COUNTY CLERK 01/24/2024 01:41 PM INDEX NO. 2021-1920 NYSCEF INDEX NO 2021-1920 FILED: DOC.SCHENECTADY NO. 48 COUNTY CLERK 01/24 /2024 08:50 AM) RECEIVED NYSCEF: 01/24/2024 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 01/23/2024 injection. S_eg, Defendanes Exhibit "L". The Plaintiff had an MRI of her cervical spine on November 18, 2010. Degenerative changes with osteophytes were noted at several levels. Severe left foraminal narrowing and minimal right foraminalnarrowing were noted at C4-Sand severe right foraminal narrowing at C3-4. Seg, Defendanfs Exhibit "L". The Plaintiff went back to Glens Falls Hospital on December 3, 2019 and saw Dr. Braiman in Neurology. His examination of the Plaintiff was unremarkable. He noted spasm" "convergence and "status closed head injury with post concussive symptoms of right facial pain, periodic imbalance, psychic out of body type dizziness". He recommended meditation, yoga and acupuncture to alleviate her symptoms because she refused to take prescription medications. §eg, Defendanis Exhibit "G". On December 18, 2010, an electrodiagnostic evaluation (EMG) of the Plaintiffs ! right arm was performed at Adirondack Rehabilitation Medicine. The results showed left mild median neuropathy consistent with carpal tunnel syndrome; no cervical radiculopathy; no brachial plexus bilaterally; no right median neuropathy; and no ulnar neuropathy bilaterally. Seg, Defendanes Exhibit "O". The Plaintiff also went to physical therapy from September, 2019 to March, 2020, for the pain in her neck and shoulder, and for the numbness she was experiencing in her right arm. The physical therapy records indicate that the Plaintiff presented with a diagnosis of cervical radiculopathy from the motor vehicle accident. S_ee, Defendant's Exhibit "M". 5 5 of 21 6 of 22 FILED: SCHENECTADY COUNTY CLERK 01/24/2024 01:41 PM INDEX NO. 2021-1920 NYSCEF DOC. NO. 48 INDEX RECEIVED NO. NYSCEF:2021-1920 01/24/2024 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 01/23/2024 An orthopedic IME was conducted on February 26, 2020 by Dr. Petroski. On examination of the Dr. Petroski found no cervical spasms, minimal to moderate Plaintiff, on paraspinal and upper and diminished range of motion of tenderness trapezius, mildly her cervical spine. The Plaintiff's muscle strength and sensation in both arms was normal and her reflexes were intact. Dr. Petroski diagnosed the Plaintiff with a cervical spine thoracic spine sprain from the neck, unresolved; right strain, unresolved; radiating and left shoulder both unresolved; and right wrist tingling radiating from the neck, sprains, unresolved. See, Defendants Exhibit "O". The Plaintiff was treated at Samaritan Hospital in March, 2020 for a prescription overdose. An examination on March 6, 2020, revealed no significant cognitive drug deficits. Seg, Defendanes Exhibit "O". The Plaintiff was seen a neurologist with St. Peter's Health Partners on May 11, by was diagnosed with post- 2020. The examination was unremarkable. The Plaintiff concussion facial paresthesias, and trigeminal neuralgia. See, Defendants syndrome, Exhibit "O". The Defendant also submits the Plaintiff's testimony at her EBT that took place on November 2022. The Plaintiff testified that she did not have to make any 11, modifications to her residence to accommodate her injuries from the accident. She testified that the her daughter came to her house to help her with the following accident, and but she could not remember when or for how long. The cleaning cooking exactly Plaintiff's sister also came once or twice to her food. She did not have to hire bring 6 6 of 21 7 of 22 FILED: SCHENECTADY COUNTY CLERK 01/24/2024 01:41 PM INDEX NO. 2021-1920 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: INDEX 01/24/2024 NO . 2021-1920 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 01/23/2024 me" anyone to help take care of her after the accident. She testified that "nobody helped with her activities of daily living (see, Defendants Exhibit "D", at page 12). The Plaintiff testified that at the time of the accident, she was retired from her cleaning business. She described her activities of daily living prior to the accident as cooking, cleaning, swimming and some gardening and farming. Her plan upon retirement was to start a farm so that she could have a farm stand. During the six (6) months after the accident, the Plaintiff still cooked and took care of the chickens on her farm, but could not lift the grain or hay with a pitchfork and had difficulty doing her usual activities, although she was able to pull up the onions she grew. She testified that she mostly" "was in bed (ses, Defendant's Exhibit "D", at page 65). At the time of her EBT, the Plaintiff did not have any appointments scheduled to see any doctors for the injuries she sustained as a result of the accident. She testified that she still has a bump on her forehead from the accident and is still dizzy. She has anxiety that she did not have prior to the accident and has not been able to read a book together" since the accident because "the letters are all mixed (see, Defendanes Exhibit "D", at page 72). She has difficulty recognizing voices including her husband's voice. She testified that she still has pain in the right upper part of her head, her neck and her arm, but that it is not as bad. The Defendant submits the Reports of Dr. John J. Cambareri and Dr.