Kerr v. Klinger

Order, Supreme Court, New York County (Paul Wooten, J.), entered April 1, 2009, which granted defendant’s motion for summary judgment dismissing the complaint for lack of a serious injury, unanimously affirmed, without costs.

Defendant established her prima facie entitlement to summary judgment by submitting evidence, including the affirmed reports of a radiologist, who, upon reviewing the MRI films taken after plaintiffs accident, concluded that the disc bulges and/or herniations revealed therein were the result of degenerative disc disease and not caused by the automobile accident at issue…