[*1]
Eltayyab v Rivera
2005 NY Slip Op 51981(U) [10 Misc 3d 130(A)]
Decided on December 7, 2005
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on December 7, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: DECEMBER 7, 2005 SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT June 2005 Suarez, P.J., Davis, Schoenfeld, JJ.
570226/05

Yousef Eltayyab, Plaintiff-Respondent, 570226/05

against

Jaclyn Rivera and Angelo Dominguez, Defendants-Appellants.


Defendants appeal from an order of the Civil Court, Bronx County (Raul Cruz, J.), entered December 7, 2004, which denied their motion for summary judgment dismissing the complaint.


PER CURIAM:

Order, (Raul Cruz, J.), entered December 7, 2004, reversed, with $10 costs, defendants' motion granted, and the complaint dismissed.

Defendants made a prima facie showing that the disability diagnosed by plaintiff's doctors — various strains, sprains, radiculitis and headache — were not "serious injuries" within the meaning of the statute (Insurance Law § 5102[d]). In his response, plaintiff's medical evidence failed to rebut defendants' doctor's findings on causation, which attributed plaintiff's bulging and herniated discs to a preexisting degenerative condition (Shinn v Catanzaro, 1 AD3d 195, 197 [2003]).

This constitutes the decision and order of the Court.
Decision Date: December 07, 2005