Nickolson v. Albishara

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered October 24, 2008, which, insofar as appealed from, denied defendants-appellants’ motion for summary judgment dismissing the complaint for lack of a serious injury within the meaning of Insurance Law § 5102 (d), unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment dismissing the complaint as against all defendants.

Plaintiffs expert radiologist failed to address, let alone rebut, defendants’ radiologist’s nonconclusory finding that plaintiffs disc bulges and herniations…