BROWN v. BAWA

2136, 306277/12.

144 A.D.3d 448 (2016)

2016 NY Slip Op 07272

39 N.Y.S.3d 790

MILTON BROWN, Appellant, v. FUSEOMO MOHAMMED BAWA et al., Respondents.

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

Decided November 3, 2016.


Defendants established entitlement to judgment as a matter of law by showing that plaintiff did not suffer a serious injury to his left shoulder. Defendants submitted the affirmed reports of a radiologist and an orthopedist who opined that the MRI of plaintiff's left shoulder revealed a preexisting congenital condition (os acromiale), which predisposed the shoulder joint to degenerative changes, which were also depicted in the MRI (see e.g. Green v Jones,

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