Patterson v Rivera

2008 NY Slip Op 02038 [49 AD3d 337]

March 11, 2008

Appellate Division, First Department

As corrected through Wednesday, May 14, 2008

Isadora Patterson, Respondent, v Arturo Rivera et al.,Appellants.

—[*1]Baker, McEvoy, Morrissey & Moskovits, P.C., New York City (Stacy R. Seldin ofcounsel), for appellants.

Fotopoulos, Rosenblatt & Green, New York City (Constantine D. Fotopoulos of counsel), forrespondent.

Order, Supreme Court, New York County (Deborah A. Kaplan, J.), entered July 25, 2007,which denied defendants' motion for summary judgment dismissing the complaint for lack of aserious injury under Insurance Law § 5102 (d), unanimously affirmed, without costs.

The motion was properly denied on the ground that defendants' expert did not address theMRI reports showing herniated discs, which in conjunction with other evidence was indicative ofserious injury (see Wadford v Gruz,35 AD3d 258 [2006]; Nix v YangGao Xiang, 19 AD3d 227 [2005]). Since defendants failed to meet their initial burdenon the motion, there is no need to consider plaintiff's opposing papers (see id.).Concur—Mazzarelli, J.P., Saxe, Friedman and Nardelli, JJ.