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MARSH v. CITY OF NEW YORK

61 A.D.3d 552 (2009)

877 N.Y.S.2d 65

JAMES MARSH, Respondent, v. CITY OF NEW YORK et al., Defendants, and MELIDO CABRERA et al., Appellants.

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

Decided April 21, 2009.

Defendants met their burden of establishing lack of causation by their expert's opinion that plaintiff's injuries were degenerative. The only opinion on causation submitted by plaintiff that was based on admissible evidence, that of his treating chiropractor, failed to address appellants' nonconclusory expert opinion that plaintiff's allegedly permanent cervical and lumbar conditions are degenerative in nature (see Valentin v Pomilla, 59 A.D.3d 184...

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