MARINO v. AMOAH

1930, 301809/13.

143 A.D.3d 541 (2016)

2016 NY Slip Op 06776

38 N.Y.S.3d 893

JOSE A. MARINO, Appellant, v. RICHARD AMOAH, Respondent.

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

Decided October 18, 2016.


Defendant established that plaintiff did not suffer a serious injury to his lumbar spine or right knee as a result of the motor vehicle accident at issue by submitting, inter alia, the affirmed reports of a radiologist and an orthopedist. The radiologist opined that the MRI of the lumbar spine revealed multilevel degenerative disc disease and hypertrophy, and that the MRI of the right knee showed no evidence of traumatic injury (see Alvarez v NYLL Mgt. Ltd.,

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