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REYES-MENDEZ v. CITY OF NEW YORK

Index No. 300971/14. Appeal No. 13290. Case No. 2019-5676.

192 A.D.3d 464 (2021)

139 N.Y.S.3d 818

2021 NY Slip Op 01368

Elder Omidio Reyes-Mendez, Appellant, v. City of New York et al., Respondents.

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

Decided March 9, 2021.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco LLP, New York ( Greg Freedman of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York ( Anna W. Gottlieb of counsel), for Municipal respondents.

James F. Butler & Associates, Jericho ( Christine A. Hilcken of counsel), for Jose R. Antigua, respondent.

Concur—Gische, J.P., Singh, Moulton, González, JJ.

Defendants established prima facie that plaintiff did not suffer a serious injury to his cervical or lumbar spine by submitting an orthopedist's affirmed report finding that plaintiff had normal range of motion and that his alleged injuries had resolved (see Diakite v PSAJA Corp., 173 A.D.3d 535 [1st Dept 2019]). The orthopedist also opined that plaintiff's own reports of MRIs of his cervical spine, lumbar spine, and left shoulder showed degenerative conditions not...

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