Amaro v. American Medical Response of New York, Inc.

Defendants made a prima facie showing of entitlement to summary judgment as to plaintiffs claims of “significant limitation of use” and/or “permanent consequential limitation of use” of her cervical and lumbar spine injuries (see Insurance Law § 5102 [d]). They submitted expert medical reports of a radiologist who opined that changes shown in MRIs of the lumbar spine of the then 26-year-old plaintiff were degenerative, and that the MRI of the cervical spine showed no injury (see Spencer v Golden Eagle, Inc., 82 AD3d 589, 590-591 [2011]).

In opposition, plaintiff submitted the affirmations of…