Opinion
No. 1849.
December 22, 2009.
Order, Supreme Court, Bronx County (Geoffrey D. Wright, J.), entered on or about October 16, 2008, which granted defendants' motion for summary judgment dismissing the complaint for lack of serious injury, unanimously affirmed, without costs.
Nick Fiore, Pound Ridge, for appellants.
Wilson Elser Moskowitz Edelman Dicker LLP, New York (Joseph A.H. McGovern of counsel), for respondents.
Before: Sweeny, J.P., Catterson, Renwick, Freedman and Abdus-Salaam, JJ.
Defendants carried their prima facie burden by showing that the injured plaintiff's disc condition was degenerative and not caused by the trauma of the accident. Plaintiff's failed to adequately address such showing ( see DeJesus v Paulino, 61 AD3d 605, 607-608); speculation by plaintiff's family physician, that a radiologist who conducted an MRI of plaintiff's lumbar spine would have noted the existence of degenerative disc disease in his report had he seen any, was properly rejected by the motion court. In view of the foregoing, it is unnecessary to address the parties' other contentions.