Graves v. L&N Car Service

*879This is an action seeking damages for “serious injury” within the meaning of Insurance Law § 5102 (d) allegedly resulting from a motor vehicle accident. In support of their motion for summary judgment, defendants submitted affirmations of a radiologist, Dr. Jessica Berkowitz, attesting that she examined MRIs of plaintiffs cervical spine, lumbar spine and right shoulder, and found no evidence of a causal relationship between plaintiffs injuries and the subject accident. Rather, for reasons Dr. Berkowitz explained with particularity in her affirmations, the injuries appeared to result from…