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BLUMENBERG v. LORA

Index No. 23971/17E. Appeal No. 13534. Case No. 2020-03508.

193 A.D.3d 445 (2021)

146 N.Y.S.3d 107

2021 NY Slip Op 02093

Rafaela Blumenberg, Appellant, v. Ruben Lora et al., Respondents.

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

Decided April 6, 2021.

Attorney(s) appearing for the Case

Frekhtman & Associates, Brooklyn ( Martin M. Howfield of counsel), for appellant.

Robert D. Grace , Brooklyn, for respondents.

Concur—Renwick, J.P., Kennedy, Scarpulla, Shulman, JJ.

Defendants established prima facie that plaintiff did not sustain a serious injury under Insurance Law § 5102(d) by submitting a report by their radiologist, who reviewed the MRI of plaintiff's left shoulder and found that it showed preexisting degenerative conditions, not caused by recent trauma, and no rotator cuff tear (see Gordon v Hernandez, 181 A.D.3d 424 [1st Dept 2020]; Williams v Laura Livery Corp., 176 A.D.3d...

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