ARIAS v. MARTINEZ

10144, 302530/14.

176 A.D.3d 548 (2019)

112 N.Y.S.3d 18

2019 NY Slip Op 07531

Yefri Arias, Appellant, v. Alexander Martinez et al., Respondents.

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

Decided October 22, 2019.


Attorney(s) appearing for the Case

Bergman, Bergman, Fields & Lamonsoff, LLP, Hicksville ( Michael E. Bergman of counsel), for appellant.

Law Offices of Moira Doherty, P.C., Bethpage ( Charles R. Gueli of counsel), for Alexander Martinez, respondent.

Robert D. Grace , Brooklyn, for DTG Enterprise Inc. and Luis A. Marcial, respondents.

Concur—Acosta, P.J., Richter, Mazzarelli, Webber, Kern, JJ.


Plaintiff alleges that he sustained serious injuries to his lumbar spine and right knee as the result of a motor vehicle accident. Defendants established prima facie that plaintiff did not suffer either a permanent consequential limitation of use or a significant limitation of use of either claimed body part through the affirmed reports of their expert radiologist, who opined that the MRIs of those body parts showed no evidence of injury (see Pastora L. v Diallo, ...

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