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REYES v. BRITO

57 A.D.3d 395 (2008)

869 N.Y.S.2d 495

ANA REYES, Respondent, v. ANDRES BRITO, Appellant.

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

December 23, 2008.

Defendant made a prima facie showing that the motor vehicle accident did not cause plaintiff to suffer a serious injury, as defined by Insurance Law § 5102 (d) (see Lesocovich v 180 Madison Ave. Corp., 81 N.Y.2d 982, 985 [1993]). Defendant presented admissible evidence that a neurological examination found no disabling injuries. Any abnormalities in the lumbar and cervical spine, as revealed by MRIs taken shortly after the accident...

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