Patterson v Rivera

Patterson v Rivera 2008 NY Slip Op 02038 [49 AD3d 337] March 11, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. 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 of counsel), for appellants.

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

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 a serious injury under Insurance Law § 5102 (d), unanimously affirmed, without costs.

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