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PETER MIRDITA, plf-ap, v. ASH LEASING INC. def-res, M.L. MARCASCIANO, JR., def

8824. PETER MIRDITA, plf-ap, v. ASH LEASING INC. def-res, M.L. MARCASCIANO, JR., def — Paul G. Vesnaver, PLLC, Baldwin (Victor A. Carr of counsel), for ap — Baker, McEvoy, Morrissey & Moskovits, P.C., Brooklyn (Stacy R. Seldin of counsel), for res — Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about September 29, 2011, which, in an action for personal injuries sustained in an automobile accident, granted defendants' motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.

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8824. PETER MIRDITA, plf-ap, v. ASH LEASING INC. def-res, M.L. MARCASCIANO, JR., def — Paul G. Vesnaver, PLLC, Baldwin (Victor A. Carr of counsel), for ap — Baker, McEvoy, Morrissey & Moskovits, P.C., Brooklyn (Stacy R. Seldin of counsel), for res — Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about September 29, 2011, which, in an action for personal injuries sustained in an automobile accident, granted defendants’ motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants established their entitlement to judgment as a matter of law by showing that the injuries plaintiff sustained to his cervical and thoracic spine and his shoulders were not serious within the meaning of Insurance Law §5102(d). Defendants submitted, inter alia, an affirmed report of a radiologist who opined that the MRI films of the claimed injured body parts reflected a chronic preexisting condition, and found no radiographic evidence of trauma or any causally related injury (see Spencer v. Golden Eagle, Inc., 82 AD3d 589, 590-591 [1st Dept 2011]).

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