In a case that is underutilized by the defense bar, Rosa v. DelaCruz, 32 N.Y.3d 1060 (2018), the Court of Appeals clearly stated that a purely conclusory assertion that an injury was causally related to an accident is legally insufficient to defeat a summary judgment motion based on threshold. Insurance Law §5102(d).

The defendants in Rosa submitted an MRI report by plaintiff’s own radiologist, which found multiple degenerative cysts and no torn tendons shortly after the accident. Additionally, defendant submitted reports of two orthopedists shortly after the accident and two years later when plaintiff underwent arthroscopic surgery. Both found normal range of motion.