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Velez v. Almonte

Appellate Division of the Supreme Court of New York, First Department
Jun 16, 2011
85 A.D.3d 561 (N.Y. App. Div. 2011)

Summary

finding the "affirmed reports from [the defendants'] radiologist, who reviewed plaintiff's MRI films" sufficient to establish a prima facie case against a serious injury

Summary of this case from Alvarez v. E. Penn Mfg. Co.

Opinion

No. 5370.

June 16, 2011.

Order, Supreme Court, Bronx County (Alexander W. Hunter, Jr., J.), entered December 21, 2009, which, in an action for personal injuries, granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Law Office of Bruce A. Newborough, Brooklyn (Bruce A. Newborough of counsel), for appellant.

Baker, McEvoy, Morrissey Moskovits, P.C., New York (Stacy R. Seldin of counsel), for respondent.

Before: Concur — Andrias, J.P., Friedman, Sweeny, Renwick and Román, JJ.


Defendants established their entitlement to judgment as a matter of law by showing that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Defendants submitted, inter alia, affirmed reports from a radiologist, who reviewed plaintiff's MRI films, and found preexisting degenerative disease in plaintiffs knees and spine that was consistent with her age and weight ( see Lemos v Giacomo Mgt., Inc., 82 AD3d 602.]; Amamedi v Archibala, 70 AD3d 449, lv denied 15 NY3d 713). Plaintiffs radiologist and treating physician also noted findings of degenerative disease.

In opposition, plaintiff failed to raise a triable issue of fact, as she did not present evidence rebutting the asserted lack of causation ( see Valentin v Pomilla, 59 AD3d 184, 186). The statement by plaintiffs treating physician that plaintiffs injuries were caused by the accident was conclusory and insufficient to defeat the motion ( see Ortiz v Ash Leasing, Inc., 63 AD3d 556, 557). Nor did plaintiff raise a triable issue of fact with respect to her 90/180-day claim in the absence of evidence that her injuries were related to the accident ( see Reyes v Esquilin, 54 AD3d 615).


Summaries of

Velez v. Almonte

Appellate Division of the Supreme Court of New York, First Department
Jun 16, 2011
85 A.D.3d 561 (N.Y. App. Div. 2011)

finding the "affirmed reports from [the defendants'] radiologist, who reviewed plaintiff's MRI films" sufficient to establish a prima facie case against a serious injury

Summary of this case from Alvarez v. E. Penn Mfg. Co.
Case details for

Velez v. Almonte

Case Details

Full title:RICARDA VELEZ, Appellant, v. LUIS MANUEL ALMONTE et al., Respondents

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 16, 2011

Citations

85 A.D.3d 561 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 5202
925 N.Y.S.2d 471

Citing Cases

Alvarez v. E. Penn Mfg. Co.

Plaintiff contends that the defendants' expert reports are insufficient to satisfy their burden of proof on…