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ORTIZ v. CITY OF NEW YORK

Index No. 305895/13. Appeal No. 14508. Case No. 2020-02647.

198 A.D.3d 603 (2021)

153 N.Y.S.3d 839

2021 NY Slip Op 05930

Edwin Ortiz, Appellant, v. City of New York et al., Respondents.

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

Decided October 28, 2021.

Attorney(s) appearing for the Case

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

Georgia M. Pestana , Corporation Counsel, New York ( Benjamin H. Pollak of counsel), for respondents.

Concur—-Renwick, J.P., González, Kennedy, Scarpulla, Rodriguez, JJ.

The verdict finding that plaintiff did not sustain a serious injury as a result of the motor vehicle accident was not against the weight of the evidence. There was ample evidence, including expert testimony, that plaintiff's claimed injuries were degenerative in nature and not causally related to the accident (see Martinez-Garo v Riverbay Corp., 74 A.D.3d 543, 544 [1st Dept 2010]). The jury also heard testimony from plaintiff that...

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