REYES v. Shivanie Ramnarine, et al., Defendants.

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

Felix REYES, Plaintiff-Appellant, v. Jose M. ESQUILIN, Defendant-Respondent, Shivanie Ramnarine, et al., Defendants.

Decided: September 23, 2008

LIPPMAN, P.J., TOM, WILLIAMS, McGUIRE, FREEDMAN, JJ. The Law Offices of Alvin M. Bernstone, LLP, New York (Matthew Albert Schroeder of counsel), for appellant. Litchfield Cavo LLP, New York (Sean Hyun-Baek Chung of counsel), for respondent.

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.

Plaintiff 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 N.Y.3d 566, 579, 797 N.Y.S.2d 380, 830 N.E.2d 278 [2005];  Ronda v. Friendly Baptist Church, 52 A.D.3d 440, 861 N.Y.S.2d 622 [2008];  Becerril v. Sol Cab Corp., 50 A.D.3d 261, 854 N.Y.S.2d 695 [2008] ).   Absent such evidence, it does not avail plaintiff's 90/180-day claim that defendants' experts did not address his condition during the relevant period of time (see Blackwell v. Fraser, 13 A.D.3d 157, 157, 787 N.Y.S.2d 224 [2004];  cf. Webb v. Johnson, 13 A.D.3d 54, 55, 786 N.Y.S.2d 22 [2004] ).