Legal Opinion
Mirdita v. Ash Leasing Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 13, 2012PublishedCited by 2 opinions
1Opinion of the Court
Defendants established their entitlement to judgment as a matter of law by showing that the injuries plaintiff sustained to his cervical and thoracic spine and his shoulders were not serious within the meaning of Insurance Law § 5102 (d). Defendants submitted, inter alia, an affirmed report of a radiologist who opined that the MRI films of the claimed injured body parts reflected a chronic preexisting condition, and found no radio-graphic evidence of trauma or any causally related injury (see Spencer v Golden Eagle, Inc., 82 AD3d 589, 590-591 [1st Dept 2011]).
Plaintiffs opposition failed to…
2Cases cited6 opinions
- Rosa v. MejiaAppellate Division of the Supreme Court of the State of New York · 2012
- Spencer v. Golden Eagle, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Barry v. AriasAppellate Division of the Supreme Court of the State of New York · 2012
- Vega v. MTA Bus Co.Appellate Division of the Supreme Court of the State of New York · 2012
- Winters v. CruzAppellate Division of the Supreme Court of the State of New York · 2011
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3Cited by2 opinions
- Campbell v. WendtAppellate Division of the Supreme Court of the State of New York · 2017
- Torres v. Etilee Taxi, Inc.Appellate Division of the Supreme Court of the State of New York · 2016