MONTOYA v. ROSENBERGER

10186, 21204/16E.

176 A.D.3d 581 (2019)

110 N.Y.S.3d 672

2019 NY Slip Op 07694

Andres F. Montoya et al., Appellants, v. K.P. Rosenberger, Respondent.

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

Decided October 24, 2019.


Attorney(s) appearing for the Case

Mitchell Dranow , Sea Cliff, for appellants.

Picciano & Scahill, P.C., Bethpage ( Keri A. Wehrheim of counsel), for respondent.

Concur—Friedman, J.P., Kapnick, Oing, Singh, JJ.


Defendant established prima facie absence of a serious injury in Montoya's lumbar spine by submitting the affirmed report of an orthopedic surgeon, who examined Montoya and found full range of motion and resolved sprain and strain. Defendant also submitted the affirmed report of a radiologist, who opined that the "facet arthropathy" and "synovial cyst" reflected in the MRI film were preexisting degenerative conditions (see Holloman v American United Transp. Inc., ...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases