RODRIGUEZ v. MOREL

Index No. 25974/17E. Appeal No. 15159. Case No. 2021-02482.

201 A.D.3d 606 (2022)

157 N.Y.S.3d 725

2022 NY Slip Op 00522

Nicholes W. Rodriguez, Appellant, v. Rafael T. Morel et al., Respondents.

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

Decided January 27, 2022.


Attorney(s) appearing for the Case

The Altman Law Firm, PLLC, Woodmere ( Michael T. Altman of counsel), for appellant.

Cartafalsa, Turpin & Lenoff, New York ( Kristine M. Taylor of counsel), for respondents.

Concur—Acosta, P.J., Renwick, Moulton, Scarpulla, Higgitt, JJ.


Plaintiff alleges that he sustained injuries to his cervical spine, lumbar spine, and right shoulder in a motor vehicle accident that occurred in December 2016, as well as aggravation of preexisting degenerative conditions in those body parts. Defendants demonstrated prima facie that plaintiff did not sustain a causally related serious injury to those body parts by submitting evidence, including the affirmed reports of an orthopedic surgeon and neurologist, finding normal...

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