| Lall v Ali |
| 2012 NY Slip Op 08413 [101 AD3d 439] |
| December 6, 2012 |
| Appellate Division, First Department |
| Roopnarine Lall, Plaintiff, and Jean Ramsaroop Lall,Respondent, v Danny Ali et al., Appellants, and Wieslaw Kalemba,Respondent. |
—[*1] Litman & Litman, P.C., East Williston (Jeffrey Litman of counsel), for Jean Ramsaroop Lall,respondent. Law Offices of Karen L. Lawrence, Tarrytown (David Holmes of counsel), for WieslawKalemba, respondent.
Order, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered February 1, 2011,which, to the extent appealed from as limited by the briefs, denied defendants Ali's and Hassan'smotion for summary judgment dismissing plaintiff Jean Ramsaroop Lall's claim of serious injuryof a nonpermanent nature under Insurance Law § 5102 (d), unanimously reversed, on thelaw, without costs, and the motion granted, and, upon a search of the record, defendantKalemba's motion for summary judgment dismissing Jean Ramsaroop Lall's complaint as againsthim is granted. The clerk is directed to enter judgment in defendants' favor dismissing JeanRamsaroop Lall's complaint.
The record demonstrates that plaintiff Jean Ramsaroop Lall did not sustain a serious injury ofa nonpermanent nature (Insurance Law § 5102 [d]). Defendants' radiologist opined thatplaintiff's alleged lumbar spine injuries were degenerative and not related to the accident, and, inopposition, plaintiff failed to refute that evidence (see Reyes v Esquilin, 54 AD3d 615 [1st Dept 2008]). Even if theradiologist's and physician's unaffirmed reports plaintiff submitted are properly considered, theyare insufficient to raise an issue of fact. The radiologist did not address causation, and thephysician's opinion was too general (seeWinters v Cruz, 90 AD3d 412 [1st Dept 2011]).[*2]
Because plaintiff cannot meet the serious injury thresholdagainst the appealing defendants, she cannot meet it against the nonappealing defendant (see Lopez v Simpson, 39 AD3d420 [1st Dept 2007]). Concur—Gonzalez, P.J., Sweeny, Richter, Román andClark, JJ.