Justice Arlene Bluth
Defendants moved for summary judgment dismissing the instant action arguing Boone did not sustain a "serious injury" as defined under Insurance Law §5102(d). Boone alleged he sustained personal injuries while riding his bicycle when he was hit by a vehicle owned by Elizabeth Taxi, driven by Sheikh. The court noted where a defendant established a preexisting condition, plaintiff’s expert must address causation. Defendants’ experts found Boone had degenerative disc disease and central disc osteophyte complex not causally related to the subject accident. Defendants argued Boone failed to show he was unable to perform his usual and customary activities for a minimum 90 out of 180 days after the accident. The court found defendants made a prima facie showing of entitlement to summary judgment as to Boone’s claims of permanent injury to his lumbar and cervical spine, left wrist and his 90/180 claim. Yet, Boone failed to submit medical evidence to dispute defendants’ expert’s findings of degenerative disc disease not causally related to the accident. Hence, the court ruled Boone failed to raise any issue of fact on these claims. Thus, defendants’ motion for summary judgment dismissing the action was granted.
