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VELEZ v. ALMONTE

5370, 301944/08.

85 A.D.3d 561 (2011)

925 N.Y.S.2d 471

2011 NY Slip Op 5202

RICARDA VELEZ, Appellant, v. LUIS MANUEL ALMONTE et al., Respondents.

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

Decided June 16, 2011.

Defendants established their entitlement to judgment as a matter of law by showing that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d). Defendants submitted, inter alia, affirmed reports from a radiologist, who reviewed plaintiff's MRI films, and found preexisting degenerative disease in plaintiff's knees and spine that was consistent with her age and weight (see Lemos v Giacomo Mgt., Inc., 82 A.D.3d 602...

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