Johnson v. Singh

Defendants met their burden of establishing that plaintiff did not suffer a serious injury within the meaning of Insurance Law § 5102 (d). Defendants’ orthopedist and radiologist concluded that plaintiffs injuries were preexisting and were not caused by the accident. Their conclusions regarding causation were supported by objective medical proof, namely MRIs and surgical reports indicating that plaintiff had degenerative conditions in her knees (compare Torres v Knight, 63 AD3d 450 [2009], with Rodriguez v Abdallah, 51 AD3d 590 [2008]).

Plaintiff failed to submit sufficient evidence to raise…