Justice Arlene Bluth
Defendants moved for summary judgment dismissing plaintiff’s complaint arguing she failed to show her injuries meet the “serious injury” threshold under insurance Law §5102(d). Taveras claimed she was injured in a two-car accident involving defendants’ vehicle and injured her back, neck and both shoulders. Defendants’ experts found evidence of degeneration in all areas. The court found defendants met their prima facie burden of showing Taveras did not suffer a serious injury pursuant to the Insurance Law. It further found that many of Taveras’ submissions were inadmissible, noting records from a doctor’s office were not admissible on a motion for summary judgment despite submission of an office manager’s certification. It stated only hospital records, not doctor’s office records, were admissible by certification. The court stated a doctor’s MRI reports were admissible, but failed to address causation. As such, it ruled Taveras failed to submit an admissible report from any doctor who represented that s/he examined Taveras at any time, and absent admissible contemporaneous evidence of alleged limitations, she could not raise an inference that her injuries were caused by the accident. Hence, defendants’ motion was granted.
