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STEWART DORRIAN, plfap, v. CRIOLIS CANTALICIO, def-res

8871. STEWART DORRIAN, plfap, v. CRIOLIS CANTALICIO, def-res — Krentsel & Guzman, LLP, New York (Alex Rybakov of counsel), for ap — Richard T. Lau & Associates, Jericho (Kathleen E. Fioretti of counsel), for res — Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered October 11, 2011, which granted defendants' motion for summary judgment dismissing the complaint based on the failure to establish a serious injury within the meaning of Insurance Law §5102(d), and denied plaintiff's cross motion for partial summary judgment as moot, unanimously affirmed, without costs.

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8871. STEWART DORRIAN, plfap, v. CRIOLIS CANTALICIO, def-res — Krentsel & Guzman, LLP, New York (Alex Rybakov of counsel), for ap — Richard T. Lau & Associates, Jericho (Kathleen E. Fioretti of counsel), for res — Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered October 11, 2011, which granted defendants’ motion for summary judgment dismissing the complaint based on the failure to establish a serious injury within the meaning of Insurance Law §5102(d), and denied plaintiff’s cross motion for partial summary judgment as moot, unanimously affirmed, without costs.

Plaintiff alleged that, as the result of a rear-end car accident, he sustained injuries to his cervical and lumbar spine and left knee. He acknowledged having suffered prior back injuries in one or more of three prior motor vehicle accidents and a work-place accident, and that he had left knee surgery following one of the prior accidents.

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