Majority
p. 615Felix Reyes, Appellant, v Jose M. Esquilin, Respondent, et al., Defendants. [866 NYS2d 4]
Order, Supreme Court, Bronx County (Dianne T. Renwick, J.), entered July 5, 2007, which granted defendants’ motions for summary judgment dismissing the complaint for lack of a serious injury as required by Insurance Law § 5102 (d), unanimously affirmed, without costs.
Flaintiff failed to present objective medical evidence responsive to defendants’ showing that the MRIs of plaintiff taken shortly after the accident revealed only age-related degenerative changes, not any sudden trauma that can be causally related to the accident (see Pommells v Perez, 4 NY3d 566 , 579 [2005]; Ronda v Friendly Baptist Church, 52 AD3d 440 [2008]; Becerril
p. 616
v Sol Cab Corp., 50 AD3d 261 [2008]). Absent such evidence, it does not avail plaintiffs 90/180-day claim that defendants’ experts did not address his condition during the relevant period of time (see Blackwell v Fraser, 13 AD3d 157 , 157 [2004]; cf. Webb v Johnson, 13 AD3d 54 , 55 [2004]). Concur—Lippman, P.J., Tom, Williams, McGuire and Freedman, JJ.
Cases cited
- Pommells v. Perez 4 NY3d 566 at 579 p. 615
- Ronda v. Friendly Baptist Church 52 AD3d 440 p. 615
- Becerril v. Sol Cab Corp. 50 AD3d 261 p. 616
- Blackwell v. Fraser 13 AD3d 157 at 157 p. 616
- Webb v. Johnson 13 AD3d 54 at 55 p. 616