Jenkins v. Murtagh

Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered May 13, 2016, which granted the motion of defendant Patrick C. Murtagh for summary judgment dismissing the complaint due to plaintiff’s inability to meet the serious injury threshold of Insurance Law § 5102 (d), unanimously affirmed, without costs.

Defendant established entitlement to judgment as a matter of law. Defendant submitted, inter alia, plaintiff’s medical records, including a CT scan performed about five months before the accident which found multiple bulging discs and a possible herniated disc, and a report of his…