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KNOLL v. SEAFOOD EXPRESS

5 N.Y.3d 817 (2005)

836 N.E.2d 1148

803 N.Y.S.2d 25

LAWRENCE KNOLL, Appellant, et al., Plaintiff, v. SEAFOOD EXPRESS et al., Respondents.

Court of Appeals of the State of New York.

Decided September 15, 2005.

Attorney(s) appearing for the Case

Michael N. David, New York City, for appellant.

Geoghan Cohen & Bongiorno, L.L.C., New York City (Joseph R. Bongiorno of counsel), for respondents.

Before: Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

In light of the fact that plaintiff's benign brain stem angioma condition preexisted the accident, plaintiff failed to submit medical proof sufficient to rebut defendants' submissions and to show that he suffered a serious injury that is causally related to the accident (see Pommells v Perez,

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