Legal Opinion
Mitrotti v. Elia
Appellate Division of the Supreme Court of the State of New York
Decided January 5, 2012PublishedCited by 35 opinions
1Opinion of the Court
Defendant established his entitlement to judgment as a matter of law by demonstrating that plaintiff did not sustain a seri*450ous injury within the meaning of Insurance Law § 5102 (d). Defendant submitted an affirmed report of an orthopedist finding normal ranges of motion in plaintiffs cervical and lumbar spine, and left knee (see Porter v Bajana, 82 AD3d 488 [2011]). Defendant also submitted the affirmed report of a radiologist who opined that changes shown in MRIs of the then 64-year-old plaintiff were degenerative, and that the condition of his spine was unchanged since 2002, when MRIs were…
2Cases cited3 opinions
- Williams v. Baldor Specialty Foods, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Porter v. BajanaAppellate Division of the Supreme Court of the State of New York · 2011
- Jackson v. Delossantos-DiazAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by35 opinions
- Barry v. AriasAppellate Division of the Supreme Court of the State of New York · 2012
- Henchy v. VAS Express Corp.Appellate Division of the Supreme Court of the State of New York · 2014
- Merrick v. Lopez-GarciaAppellate Division of the Supreme Court of the State of New York · 2012
- Komina v. GilAppellate Division of the Supreme Court of the State of New York · 2013
- Macdelinne F. v. JimenezAppellate Division of the Supreme Court of the State of New York · 2015
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