Files v. Ken Goewey Dodge, Inc.

Appeal from, an order of the Supreme Court (Cannizzaro, J.), entered July 25, 2005 in Albany County, which, inter alia, granted defendant’s motion to set aside the verdict.

In this personal injury action arising out of a motor vehicle accident, plaintiff alleged that he sustained a serious injury within the meaning of Insurance Law § 5102 (d) because the accident so aggravated a preexisting degenerative condition of his cervical spine that he ultimately required spinal fusion surgery. At trial, the parties presented conflicting expert medical evidence as to whether the spinal surgery was…