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VELAZQUEZ v. CITY OF NEW YORK

Index No. 24051/17E. Appeal No. 14832. Case No. 2020-03002.

200 A.D.3d 547 (2021)

158 N.Y.S.3d 102

2021 NY Slip Op 06973

Edwin Velazquez, Respondent, v. City of New York et al., Appellants.

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

Decided December 14, 2021.

Attorney(s) appearing for the Case

James E. Johnson , Corporation Counsel, New York ( John Moore of counsel), for appellants.

Burns & Harris, New York ( Mariel T. Crippen of counsel), for respondent.

Concur—Kern, J.P., Kennedy, Scarpulla, Mendez, Shulman, JJ.

Defendants failed to establish, prima facie, that plaintiff's injuries were not caused by the accident. Although defendants submitted plaintiff's emergency room records reflecting minimal treatment and the opinions of a radiologist and an engineer that plaintiff's claimed cervical and lumbar spine injuries were not caused by trauma from the accident, defendants' own orthopedic expert opined that plaintiff's injuries, although resolved, were causally related to the accident...

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