Lall v. Ali

The record demonstrates that plaintiff Jean Ramsaroop Lall did not sustain a serious injury of a nonpermanent nature (Insurance Law § 5102 [d]). Defendants’ radiologist opined that plaintiffs alleged lumbar spine injuries were degenerative and not related to the accident, and, in opposition, plaintiff failed to refute that evidence (see Reyes v Esquilin, 54 AD3d 615 [1st Dept 2008]). Even if the radiologist’s and physician’s unaffirmed reports plaintiff submitted are properly considered, they are insufficient to raise an issue of fact. The radiologist did not address causation, and the…