Legal Opinion

Reyes v. Esquilin

Appellate Division of the Supreme Court of the State of New York

Decided September 23, 2008PublishedCited by 14 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Dianne T. Renwick, J.), entered July 5, 2007, which granted defendants’ motions for summary judgment dismissing the complaint for lack of a serious injury as required by Insurance Law § 5102 (d), unanimously affirmed, without costs.

Flaintiff failed to present objective medical evidence responsive to defendants’ showing that the MRIs of plaintiff taken shortly after the accident revealed only age-related degenerative changes, not any sudden trauma that can be causally related to the accident (see Pommells v Perez, 4 NY3d 566, 579 [2005]; Ronda v Friendly…

2Cases cited5 opinions

  1. Pommells v. PerezNew York Court of Appeals · 2005
  2. Becerril v. Sol Cab Corp.Appellate Division of the Supreme Court of the State of New York · 2008
  3. Ronda v. Friendly Baptist ChurchAppellate Division of the Supreme Court of the State of New York · 2008
  4. Webb v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2004
  5. Blackwell v. FraserAppellate Division of the Supreme Court of the State of New York · 2004

3Cited by14 opinions

  1. DeJesus v. PaulinoAppellate Division of the Supreme Court of the State of New York · 2009
  2. Ortiz v. Ash Leasing, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  3. Townes v. Harlem Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  4. Colon v. TavaresAppellate Division of the Supreme Court of the State of New York · 2009
  5. Coley v. DeLarosaAppellate Division of the Supreme Court of the State of New York · 2013

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