| Bhoye v Martinez |
| 2008 NY Slip Op 50617(U) [19 Misc 3d 132(A)] |
| Decided on March 27, 2008 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendants appeal from an order of the Civil Court of the City of New York, Bronx County
(Nelida Malave, J.), entered January 31, 2006, which denied their motion for summary judgment
dismissing the complaint.
Per Curiam:
Order (Nelida Malave, J.), entered January 31, 2006, affirmed, without costs.
Defendants failed to meet their initial burden on the threshold serious injury question (see Insurance Law § 5102[d]). Although defendants' examining physicians reportedly found that plaintiff had recovered from muscle strain injury, they failed to address the objective findings of plaintiff's MRI which showed multiple bulging cervical discs (see Wadford v Gruz, 35 AD3d 258 [2006]; Offman v Singh, 27 AD3d 284 [2006]; McNair v Lee, 24 AD3d 159 [2005]). In light of this omission, Civil Court properly denied defendants' motion without considering the sufficiency of plaintiff's opposition papers (see Nix v Yang Gao Xiang, 19 AD3d 227 [2005]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 27, 2008