Mirdita v. Ash Leasing Inc.
Cases that cite this one
2 later published cases cite this decision.
- Campbell v. Wendt (Appellate Division of the Supreme Court of New York 2017)
- Torres v. Etilee Taxi, Inc. (Appellate Division of the Supreme Court of New York 2016)
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
Defendants established their entitlement to judgment as a matter of law by showing that the injuries plaintiff sustained to his cervical and thoracic spine and his shoulders were not serious within the meaning of Insurance Law § 5102 (d). Defendants submitted, inter alia, an affirmed report of a radiologist who opined that the MRI films of the claimed injured body parts reflected a chronic preexisting condition, and found no radio-graphic evidence of trauma or any causally related injury (see Spencer v Golden Eagle, Inc., 82 AD3d 589, 590-591 [1st Dept 2011]).
Plaintiffs opposition failed to raise a triable issue of fact. His physician’s affirmed reports of the physical examinations of plaintiff measured range of motion limitations without comparing them to a normal standard, so that any claimed deficits could not be properly assessed to see whether they are significant (see Winters v Cruz, 90 AD3d 412 [1st Dept 2011]). Moreover, plaintiff failed to tender a recent physical examination by
Case-law data current through December 31, 2025. Source: CourtListener bulk data.