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WANG v. LEVY

Index No. 20820/13E. Appeal No. 12296. Case No. 2020-01599.

190 A.D.3d 469 (2021)

135 N.Y.S.3d 646

2021 NY Slip Op 00099

Xiu F. Wang, Appellant, v. Cara S. Levy et al., Respondents, et al., Defendants.

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

Decided January 7, 2021.

Attorney(s) appearing for the Case

Law Offices of Gary S. Park, P.C., Flushing ( Xue Chang of counsel), for appellant.

Havkins Rosenfeld & Ritzert, LLP, Mineola ( Gail L. Ritzert of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Kapnick, Mazzarelli, Moulton, JJ.

Defendants established prima facie that plaintiff did not suffer a serious injury to his lumbar spine by submitting plaintiff's MRI report of his lumbar spine and the report of their orthopedic surgeon, who opined that the conditions identified in the MRI report, including osteophytes, were indicative of chronic multilevel disc disease, which preexisted the subject motor vehicle accident (see Sosa-Sanchez v Reyes,

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