Opinion
No. 4618.
March 24, 2011.
Order, Supreme Court, New York County (George J. Silver, J.), entered September 24, 2010, which, insofar as appealed from, as limited by the briefs, denied defendant corporation's motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion granted in its entirety, and the complaint dismissed as to all defendants. The Clerk is directed to enter judgment accordingly.
Feinman Grossbard, P.C., White Plains (Steven N. Feinman of counsel), for appellants.
Dinkes Schwitzer, P.C., New York (Naomi J. Skura of counsel), for respondent.
Before: Gonzalez, P.J., Catterson, Richter, Abdus-Salaam and Román, JJ.
Defendant corporation established prima facie that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). It submitted persuasive evidence of pre-existing degenerative bone disease in plaintiffs left knee that predated the accident, by way of a radiologist's affirmed report detailing the findings in plaintiff's MRI film, as well as plaintiffs physician's findings of degenerative disease. In op-position, plaintiff failed to meet his burden to adduce evidence rebutting the asserted lack of causation ( see Ortiz v Ash Leasing, Inc., 63 AD3d 556; Valentin v Pomilla, 59 AD3d 184, 186).
In light of the foregoing, defendant's argument regarding plaintiffs gap in treatment need not be considered.