Reyes v. Brito

Defendant made a prima facie showing that the motor vehicle accident did not cause plaintiff to suffer a serious injury, as defined by Insurance Law § 5102 (d) (see Lesocovich v 180 Madison Ave. Corp., 81 NY2d 982, 985 [1993]). Defendant presented admissible evidence that a neurological examination found no disabling injuries. Any abnormalities in the lumbar and cervical spine, as revealed by MRIs taken shortly after the accident, were the result of a degenerative process. In opposition, plaintiff failed to raise a triable issue of fact on this point. The affirmation of her treating doctor…