Bailey v. Islam

The conflicting expert opinions as to the existence of a fracture in the injured plaintiffs cervical spine precludes summary dismissal. While defendants established absence of a fracture by submitting the affirmed report of their radiologist, who found no evidence of post-traumatic changes, plaintiff raised a triable issue of fact by submitting the affirmation of his radiologist averring that he found subchondral fractures at the C3 and C4 levels of the cervical spine upon review of the MRI film (see Spagnoli-Scheman v Bellew, 91 AD3d 414 [1st Dept 2012]; Torain v Bah, 78 AD3d 588, 588-589…