Velez v. Almonte
925 N.Y.S.2d 471
N.Y. App. Div.
2011
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Ricarda Velez, Appellant, v Luis Manuel Almonte et al., Respondents.

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

925 N.Y.S.2d 471

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.

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 plaintiff‘s knees and spine that was consistent with her age and weight (see ; , lv denied ). Plaintiff‘s 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 ). The statement by plaintiff‘s treating physician that plaintiff‘s injuries were caused by the accident was conclusory and insufficient to defeat the motion (see ). 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 ). Concur—Andrias, J.P., Friedman, Sweeny, Renwick and Román, JJ.