Mitrotti v. Elia
Cases that cite this one
36 later published cases cite this decision. The 25 that cite it most often are listed here.
- Luetto v. Abreu (Appellate Division of the Supreme Court of New York 2013)
- Luetto v. Abreu (Appellate Division of the Supreme Court of New York 2013)
- Bravo v. Martinez (Appellate Division of the Supreme Court of New York 2013)
- Bravo v. Martinez (Appellate Division of the Supreme Court of New York 2013)
- Cruz v. Martinez (Appellate Division of the Supreme Court of New York 2013)
- Cruz v. Martinez (Appellate Division of the Supreme Court of New York 2013)
- Kamara v. Ajlan (Appellate Division of the Supreme Court of New York 2013)
- Kamara v. Ajlan (Appellate Division of the Supreme Court of New York 2013)
- Komina v. Gil (Appellate Division of the Supreme Court of New York 2013)
- Komina v. Gil (Appellate Division of the Supreme Court of New York 2013)
- Harvey v. New York Foundling Hosp. (New York Supreme Court, New York County 2025)
- Ortiz v. Boamah (Appellate Division of the Supreme Court of New York 2019)
- Curet v. Kuhlor (Appellate Division of the Supreme Court of New York 2019)
- Echevarria v. Ocasio (Appellate Division of the Supreme Court of New York 2016)
- Nakamura v. Montalvo (Appellate Division of the Supreme Court of New York 2016)
- Macdelinne F. v. Jimenez (Appellate Division of the Supreme Court of New York 2015)
- Garcia v. Feigelson (Appellate Division of the Supreme Court of New York 2015)
- Ahmed v. Cannon (Appellate Division of the Supreme Court of New York 2015)
- Ahmed v. Cannon (Appellate Division of the Supreme Court of New York 2015)
- Kendig v. Kendig (Appellate Division of the Supreme Court of New York 2014)
- Kendig v. Kendig (Appellate Division of the Supreme Court of New York 2014)
- Henchy v. VAS Express Corp. (Appellate Division of the Supreme Court of New York 2014)
- Henchy v. VAS Express Corp. (Appellate Division of the Supreme Court of New York 2014)
- Batista v. Porro (Appellate Division of the Supreme Court of New York 2013)
- Batista v. Porro (Appellate Division of the Supreme Court of New York 2013)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Defendant established his entitlement to judgment as a matter of law by demonstrating that plaintiff did not sustain a seri
In opposition, plaintiff failed to raise a triable issue of fact. Plaintiffs medical affirmations did not provide an opinion as to causation (see Jackson v Delossantos-Diaz, 82 AD3d 489 [2011]), and while plaintiff has admitted that he was involved in another accident two years before the one at issue, his doctors ignored the effect of that accident on the purported neck and back symptoms attributable to the subject accident (see Farrington v Go On Time Car Serv., 76 AD3d 818, 818 [2010] [“even where there is objective medical proof of an injury, summary dismissal of a serious injury claim may be appropriate when additional contributory factors, such as preexisting conditions, interrupt the chain of causation between the accident and the claimed injury”]). Plaintiff also failed to submit an affirmation of any medical expert showing current range-of-motion deficits to rebut the findings of defendant’s medical experts.
Dismissal of the 90/180-day claim was also proper. Plaintiffs bill of particulars stated that he was confined to bed for two weeks and home for two months following the accident (see Williams v Baldor Specialty Foods, Inc., 70 AD3d 522, 523 [2010]).
We have considered plaintiffs remaining contentions, and find them unavailing. Concur — Saxe, J.P, Sweeny, Moskowitz, Manzanet-Daniels and Román, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.