| Knoll v Seafood Express |
| 2005 NY Slip Op 06697 |
| Decided on September 15, 2005 |
| Court of Appeals |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on September 15, 2005
No. 186 SSM 19
[*1]Lawrence Knoll, Appellant, All American Metal, Plaintiff,
v
Seafood Express, et al., Respondents.
v
Seafood Express, et al., Respondents.
Submitted by Michael N. David, for appellant.
Submitted by Joseph R. Bongiorno, for respondents.
MEMORANDUM:
The order of the Appellate Division should be affirmed, with costs.
In light of the fact that plaintiff's benign brain stem angioma condition preexisted the accident, plaintiff failed to submit medical proof sufficient to rebut defendants' submissions [*2]and to show that he suffered a serious injury that is causally related to the accident (see Pommells v Perez, 4 NY3d 566, 580 [2005]).
* * * * * * * * * * * * * * * * *
On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and
R.S. Smith concur.
Decided September 15, 2005