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LYONS v. NEW YORK CITY TRANSIT AUTHORITY

Index No. 153430/17. Appeal No. 16264. Case No. 2021-03119.

208 A.D.3d 1105 (2022)

176 N.Y.S.3d 9

2022 NY Slip Op 05278

Daniel Lyons, Appellant, v. New York City Transit Authority et al., Respondents.

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

Decided September 27, 2022.

Attorney(s) appearing for the Case

Yadgarov & Associates, PLLC, New York ( Ronald S. Ramo of counsel), for appellant.

Anna J. Ervolina , Brooklyn ( Harriet Wong of counsel), for respondents.

Concur—Webber, J.P., Kern, Singh, Moulton, Shulman, JJ.

Defendants made a prima facie showing that plaintiff's claimed injuries to his cervical spine and lumbar spine were not causally related to the subject motor vehicle accident by submitting an affirmed report of their radiologist, who opined that the MRIs of those body parts showed degenerative conditions and no evidence of trauma (see Antepara v Garcia, 194 A.D.3d 513, 513 [1st Dept 2021]). Defendants also submitted evidence that...

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