Lopez v. American United Transportation, Inc.

Order, Supreme Court, Bronx County (Sallie ManzanetDaniels, J.), entered January 6, 2009, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

The reports submitted by defendants’ examining physician sufficiently demonstrated that plaintiff did not sustain a serious injury as defined by Insurance Law § 5102 (d), and supported the theory that his injuries were related to preexisting degenerative conditions rather than to the accident, proffering…