Lawrence Knoll v Seafood Express

Knoll v Seafood Express 2005 NY Slip Op 06697 [5 NY3d 817] September 15, 2005 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, November 16, 2005

[*1] Lawrence Knoll, Appellant, et al., Plaintiff,
v
Seafood Express et al., Respondents.

Decided September 15, 2005

Knoll v Seafood Express, 17 AD3d 233, affirmed.

APPEARANCES OF COUNSEL

Michael N. David, New York City, for appellant.

Geoghan Cohen & Bongiorno, L.L.C., New York City (Joseph R. Bongiorno of counsel), for respondents.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

In light of the fact that plaintiff's benign brain stem angioma condition preexisted the accident, plaintiff failed to submit medical proof sufficient to rebut defendants' submissions [*2]and to show that he suffered a serious injury that is causally related to the accident (see Pommells v Perez, 4 NY3d 566, 580 [2005]).

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.