Opinion
570226/05.
Decided December 7, 2005.
Defendants appeal from an order of the Civil Court, Bronx County (Raul Cruz, J.), entered December 7, 2004, which denied their motion for summary judgment dismissing the complaint.
Order, (Raul Cruz, J.), entered December 7, 2004, reversed, with $10 costs, defendants' motion granted, and the complaint dismissed.
PRESENT: Suarez, P.J., Davis, Schoenfeld, JJ.
Defendants made a prima facie showing that the disability diagnosed by plaintiff's doctors — various strains, sprains, radiculitis and headache — were not "serious injuries" within the meaning of the statute (Insurance Law § 5102[d]). In his response, plaintiff's medical evidence failed to rebut defendants' doctor's findings on causation, which attributed plaintiff's bulging and herniated discs to a preexisting degenerative condition ( Shinn v. Catanzaro, 1 AD3d 195, 197).
This constitutes the decision and order of the Court.