Kester v. Sendoya

Order, Supreme Court, New York County (Arlene P. Bluth, J), entered September 6, 2013, which, in this action for personal injuries sustained in a motor vehicle accident, granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants established entitlement to judgment as a matter of law. Defendants submitted evidence, including the affirmed findings of an orthopedist and a radiologist, of preexisting degenerative changes and absence of evidence of recent traumatic or causally related injury to plaintiffs right shoulder (see Rickert v…