Marino v. Amoah
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered November 25, 2015, which granted defendant’s motion for summary judgment dismissing the complaint based on plaintiff’s inability to meet the serious injury threshold of Insurance Law § 5102 (d), unanimously affirmed, without costs.
Defendant established that plaintiff did not suffer a serious injury to his lumbar spine or right knee as a result of the motor vehicle accident at issue by submitting, inter alia, the affirmed reports of a radiologist and an orthopedist. The radiologist opined that the MRI of the lumbar spine revealed…
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