Summary
This Appellate Division, Second Department decision reverses a trial court order granting defendants' motion for summary judgment in a personal injury action arising from a motor vehicle accident. The court determined that although the defendants established a prima facie case that the plaintiff's injuries were degenerative rather than accident-related, the plaintiff successfully raised triable issues of fact regarding permanent consequential limitation of use and causation through opposing expert medical evidence. The court also accepted the plaintiff's affidavit explaining a gap in treatment due to terminated no-fault benefits. Accordingly, the motion for summary judgment was denied.
Topics
Practice areas
Questions Presented
- Whether the plaintiff sustained a serious injury within the meaning of Insurance Law §5102(d) as a result of the accident
- Whether genuine issues of fact exist as to causation of the plaintiff's injuries
Holdings
- The court reversed the summary‑judgment order, holding that the plaintiff did sustain a serious injury within the meaning of Insurance Law §5102(d) and that genuine issues of fact exist, so the motion for summary judgment was improper.
Key quotations
“Accordingly, the Supreme Court should have denied the defendants' motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d) as a result of the accident.”
Factual background
The plaintiff, Alix Nera, was injured in a motor‑vehicle accident and alleges personal injuries to his left shoulder and cervical and lumbar spine. The defendants contend that the injuries do not constitute a "serious injury" under Insurance Law §5102(d) and that the injuries are degenerative and not caused by the accident.
Procedural history
The Supreme Court, Queens County entered an order on August 14, 2024 granting the defendants' motion for summary judgment on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law §5102(d). The plaintiff appealed the order to the Appellate Division, Second Department.