2526. MARILYN CATTOUSE plf-ap, v. KEITH SMITH, def-res — Krentsel & Guzman LLP, New York (Steven E. Krentsel of counsel), for ap — Richard T. Lau & Associates, Jericho (Christine A. Hilcken of counsel), for res — Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered on or about July 7, 2015, which granted defendant’s motion for summary judgment dismissing the complaint due to plaintiffs’ inability to meet the serious injury threshold of Insurance Law §5102(d), unanimously affirmed, without costs.
Plaintiffs, Marilyn Cattouse and Michael Cattouse, and their daughter Laurie Cattouse, allege that they sustained serious injuries to their cervical and lumbar spines as the result of a motor vehicle accident. Defendant established, prima facie, that plaintiffs did not sustain serious injuries by submitting the affirmed report of an orthopedist, who found normal ranges of motion, negative test results, and resolved strains/sprains (see Frias v. Son Tien Liu, 107 AD3d 589 [1st Dept 2013]; Dorrian v. Cantalicio, 101 AD3d 578 [1st Dept 2012]; Paduani v. Rodriguez, 101 AD3d 470 [1st Dept 2012]). Defendant also submitted the report of a radiologist who opined that the MRI films of Marilyn’s lumbar spine and of Laurie’s cervical spine showed preexisting degenerative conditions, not causally related to the accident (see Pommells v. Perez, 4 NY3d 566, 576-577 [2005]). Marilyn’s medical records reflect that she had preexisting arthritis in her back, and Michael acknowledged at his deposition that he suffered prior neck injuries in another motor vehicle accident. Defendant also relied on Laurie’s hospital and medical records showing that she had positive neck range of motion and her back complaints resolved without intervention at the hospital (see Galarza v. J.N. Eaglet Publ. Group, Inc., 117 AD3d 488 [1st Dept 2014]).
