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MITCHELL v. ATLANTIC PARATRANS OF NYC, INC.

57 A.D.3d 336 (2008)

869 N.Y.S.2d 447

BARBARA MITCHELL, Respondent, v. ATLANTIC PARATRANS OF NYC, INC., et al., Appellants.

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

December 18, 2008.

In opposition to the defendants' prima facie showing that plaintiff did not suffer a serious injury causally related to the subject accident, plaintiff failed to raise a triable issue of fact (see Pommells v Perez, 4 N.Y.3d 566, 574 [2005]). While it is undisputed that plaintiff was afflicted with certain spinal defects, the cause thereof, according to defendants' neurologist, was congenital malformation and not the event in question...

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