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MEDINA v. MEDINA

49 A.D.3d 335 (2008)

853 N.Y.S.2d 77

VIVIANA MEDINA et al., Plaintiffs, and IRIS DEDOS, Appellant, v. CRECENCIO MEDINA, Defendant, and JAMES M. GUTIERREZ, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 11, 2008.

There is no merit to plaintiff's argument that defendant's prima facie showing was rendered deficient by his physician's acknowledgment that a bulging disc was revealed by the MRI of plaintiff's lumbar spine taken shortly after the accident (see Lloyd v Green, 45 A.D.3d 373 [2007]; Kearse v New York City Tr. Auth., 16 A.D.3d 45, 49-50 [2005]). In opposition, plaintiff adduced no medical...

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