MARTINE MARCELLUS, plf-ap, v. JAMES M. FORVARP def-res, JULIO v. DELGADO def

8827-8828. MARTINE MARCELLUS, plf-ap, v. JAMES M. FORVARP def-res, JULIO v. DELGADO def — David M. Peterson, P.C., New York (Susan R. Nudelman of counsel), for ap — Hodges Walsh & Slater LLP, White Plains (Paul E. Svensson of counsel), for James M. Forvarp, res — Burke, Gordon & Conway, White Plains (Ashley E. Sproat of counsel), for Dan M. Voic, res — Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered February 4, 2011, which, in an action for personal injuries sustained in an automobile accident, granted defendants' motions for summary judgment dismissing the complaint, and order, same court and Justice, entered February 1, 2012, which, to the extent appealable, denied plaintiff's motion to renew, unanimously affirmed, without costs.

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8827-8828. MARTINE MARCELLUS, plf-ap, v. JAMES M. FORVARP def-res, JULIO v. DELGADO def — David M. Peterson, P.C., New York (Susan R. Nudelman of counsel), for ap — Hodges Walsh & Slater LLP, White Plains (Paul E. Svensson of counsel), for James M. Forvarp, res — Burke, Gordon & Conway, White Plains (Ashley E. Sproat of counsel), for Dan M. Voic, res — Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered February 4, 2011, which, in an action for personal injuries sustained in an automobile accident, granted defendants’ motions for summary judgment dismissing the complaint, and order, same court and Justice, entered February 1, 2012, which, to the extent appealable, denied plaintiff’s motion to renew, unanimously affirmed, without costs.

Defendants established their entitlement to judgment as a matter of law by showing that the injuries plaintiff sustained to her right shoulder were not serious within the meaning of Insurance Law §5102(d). Defendants submitted evidence showing that plaintiff had previously injured her right shoulder in a 2004 accident, including her surgeon’s operative report and an MRI report finding degenerative changes in the shoulder, and the affirmed report of their orthopedic expert who found full range of motion and opined that any right shoulder injury had fully resolved post-operatively (see McArthur v. Act Limo, Inc., 93 AD3d 567 [1st Dept 2012]).

MARTINE MARCELLUS, plf-ap, v. JAMES M. FORVARP def-res, JULIO v. DELGADO def

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