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VASQUEZ v. ALMANZAR

9662, 302061/10.

107 A.D.3d 538 (2013)

967 N.Y.S.2d 361

2013 NY Slip Op 4561

GWENDOLYN VASQUEZ et al., Respondents, v. BALDWIN A. ALMANZAR et al., Appellants, et al., Defendant.

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

Decided June 18, 2013.

Defendants Almanzar and NYLL Management met their prima facie burden of showing that Vasquez did not suffer a serious injury. With respect to the alleged lumbar spine injury, defendants submitted, inter alia, the affirmed report of a radiologist who opined that the MRI of Vasquez revealed no evidence of recent traumatic injury causally related to the accident, and that the changes shown in the MRI were degenerative and due to a preexisting condition (see Phillips v Tolnep...

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