Reyes v Esquilin
2008 NY Slip Op 07030 [54 AD3d 615]
September 23, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 29, 2008


Felix Reyes, Appellant,
v
Jose M. Esquilin, Respondent, et al., Defendants.

[*1] The Law Offices of Alvin M. Bernstone, LLP, New York (Matthew Albert Schroeder of counsel), for appellant.

Litchfield Cavo LLP, New York (Sean Hyun-Baek Chung of counsel), for respondent.

Order, Supreme Court, Bronx County (Dianne T. Renwick, J.), entered July 5, 2007, which granted defendants' motions for summary judgment dismissing the complaint for lack of a serious injury as required by Insurance Law § 5102 (d), unanimously affirmed, without costs.

Plaintiff failed to present objective medical evidence responsive to defendants' showing that the MRIs of plaintiff taken shortly after the accident revealed only age-related degenerative changes, not any sudden trauma that can be causally related to the accident (see Pommells v Perez, 4 NY3d 566, 579 [2005]; Ronda v Friendly Baptist Church, 52 AD3d 440 [2008]; Becerril v Sol Cab Corp., 50 AD3d 261 [2008]). Absent such evidence, it does not avail plaintiff's 90/180-day claim that defendants' experts did not address his condition during the relevant period of time (see Blackwell v Fraser, 13 AD3d 157, 157 [2004]; cf. Webb v Johnson, 13 AD3d 54, 55 [2004]). Concur—Lippman, P.J., Tom, Williams, McGuire and Freedman, JJ.