Cossentino v. Kelly
Opinion of the Court
Ordered that the order is affirmed, with costs.
The defendants satisfied their prima facie burden by showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (see Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]; Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]). In opposition, the plaintiff failed to raise a triable issue of fact. The plaintiff’s treating physician relied on the unsworn reports of others in reaching the conclusions in his affirmation (see Iusmen v Konopka, 38 AD3d 608 [2007]; Elder v Stokes, 35 AD3d 799 [2006]; Friedman v U-Haul Truck Rental, 216 AD2d 266 [1995]). The submission of the plaintiffs magnetic resonance imaging report of her cervical spine did not raise a triable issue of fact. The mere existence of a herniated or bulging disc is not evidence of a serious injury in the absence of objective evidence of the extent of the alleged physical limitations resulting from the disc injury and its duration (see Yakubov v CG Trans Corp., 30 AD3d 509 [2006]; Cerisier v Thibiu, 29 AD3d 507 [2006]; Bravo v Rehman, 28 AD3d 694 [2006]; Kearse v New York City Tr. Auth., 16 AD3d 45 [2005]; Diaz v Turner, 306 AD2d 241 [2003]). Rivera, J.P., Spolzino, Fisher, Lifson and Dickerson, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.