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COLON v. TAVARES

60 A.D.3d 419 (2009)

873 N.Y.S.2d 637

GUILLERMO COLON, Respondent, v. BERNARDO TAVARES et al., Appellants.

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

Decided March 3, 2009.

Neither of plaintiff's experts address defendants' admittedly sufficient prima facie showing that plaintiff's allegedly partially disabling spine and shoulder conditions revealed in MRIs taken shortly after the accident were due to preexisting, degenerative changes unrelated to any traumatic injury that could be attributed to the accident. Accordingly, no issue of fact exists as to whether the accident caused a permanent or significant...

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