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VALENTIN v. POMILLA

59 A.D.3d 184 (2009)

873 N.Y.S.2d 537

MILTON VALENTIN, Respondent, v. FRANCESCO POMILLA et al. Defendants, and MARCOS ALONZO, Appellant.

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

Decided February 10, 2009.

Defendants established prima facie that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) by submitting a radiologist's affirmed report that plaintiff's MRI films revealed evidence of degenerative disc disease predating the accident and no evidence of post-traumatic injury to the disc structures (see Perez v Hilarion, 36 A.D.3d 536, 537 [2007]). In opposition, plaintiff failed to raise...

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