LUIS R. ANGELES, plf-res, v. AMERICAN UNITED TRANSPORTATION, INC. def-ap

10926. LUIS R. ANGELES, plf-res, v. AMERICAN UNITED TRANSPORTATION, INC. def-ap — Baker, McEvoy, Morrissey & Moskovits, P.C., Brooklyn (Stacy R. Seldin of counsel), for ap — Mallilo & Grossman, Flushing (F. Jason Kajoshaj of counsel), for res — Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered January 17, 2013, which, to the extent appealed from as limited by the briefs, denied defendants' motion for summary judgment dismissing the complaint on the ground that plaintiff did not suffer a serious injury under the "permanent consequential" and "significant" limitation of use categories of Insurance Law §5102(d), unanimously affirmed, without costs.

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10926. LUIS R. ANGELES, plf-res, v. AMERICAN UNITED TRANSPORTATION, INC. def-ap — Baker, McEvoy, Morrissey & Moskovits, P.C., Brooklyn (Stacy R. Seldin of counsel), for ap — Mallilo & Grossman, Flushing (F. Jason Kajoshaj of counsel), for res — Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered January 17, 2013, which, to the extent appealed from as limited by the briefs, denied defendants’ motion for summary judgment dismissing the complaint on the ground that plaintiff did not suffer a serious injury under the “permanent consequential” and “significant” limitation of use categories of Insurance Law §5102(d), unanimously affirmed, without costs.

Defendants made a prima facie showing of entitlement to summary judgment as to plaintiff’s claims of permanent consequential, or significant, limitation of use of his cervical spine, lumbar spine and shoulders by submitting expert medical reports of a neurologist and orthopedist who found full range of motion in those parts upon examination, and of a radiologist who found that the MRIs of plaintiff’s cervical and lumbar spine taken shortly after the accident showed no evidence of disc bulges or herniations (Toure v. Avis Rent A Car Sys., 98 NY2d 345, 350, 353 [2002]; Santos v. Perez, 107 AD3d 572, 573 [1st Dept 2013]; Robinson v. Joseph, 99 AD3d 568 [1st Dept 2012]). To the extent the radiologist opined, without any elaboration, that any discogenic changes were either age-related or a co-morbidity of “increased body habitus/obesity,” the opinion is insufficient, in light of the fact that plaintiff was 29 years old at the time of the accident, to shift the burden on the issue of causation of the spinal injuries (see De La Cruz v. Hernandez, 84 AD3d 652 [1st Dept 2011]).

LUIS R. ANGELES, plf-res, v. AMERICAN UNITED TRANSPORTATION, INC. def-ap

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