This is an action seeking damages for "serious injury" within the meaning of Insurance Law § 5102 (d) allegedly resulting from a motor vehicle accident. In support of their motion for summary judgment, defendants submitted affirmations of a radiologist, Dr. Jessica Berkowitz, attesting that she examined MRIs of plaintiff's cervical spine, lumbar spine and right shoulder, and found no evidence of a causal relationship between plaintiff's injuries and the subject accident...
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