MARIA BARRERAS, plf-ap, v. FRANCISCO MARTINEZ VARGAS, ET AL., def-res

4352. MARIA BARRERAS, plf-ap, v. FRANCISCO MARTINEZ VARGAS, ET AL., def-res — Robert G. Goodman, P.C., New York (Robert G. Goodman of counsel), for ap — Marjorie E. Bornes, Brooklyn, for res — Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered July 25, 2016, which, to the extent appealed from as limited by the briefs, granted defendants' motion for summary judgment dismissing the claim of serious injury (Insurance Law §5102[d]) to the right shoulder, unanimously reversed, on the law, without costs, and the motion denied., Defendants made a prima facie showing that plaintiff did not sustain a serious injury to her right shoulder by submitting the report of their radiologist, who opined that plaintiff's MRI showed longstanding degenerative tears and that there was no evidence to suggest that plaintiff sustained a traumatic injury (see Kang v. Almanzar, 116 AD3d 540 [1st Dept 2014]). Defendants further demonstrated an absence of causation through the report of their orthopedist, who opined that plaintiff's post-accident medical records, which showed no complaints of right shoulder pain, were inconsistent with any claim of traumatic injury to her right shoulder (see Frias v. Gonzalez-Vargas, 147 AD3d 500, 501 [1st Dept 2017]). In addition, plaintiff did not seek treatment for her claimed right shoulder injuries until several months after the accident (see Jones v. MTA Bus Co., 123 AD3d 614, 615 [1st Dept 2014]; see also Henchy v. VAS Express Corp., 115 AD3d 478, 479 [1st Dept 2014]).

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4352. MARIA BARRERAS, plf-ap, v. FRANCISCO MARTINEZ VARGAS, ET AL., def-res — Robert G. Goodman, P.C., New York (Robert G. Goodman of counsel), for ap — Marjorie E. Bornes, Brooklyn, for res — Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered July 25, 2016, which, to the extent appealed from as limited by the briefs, granted defendants’ motion for summary judgment dismissing the claim of serious injury (Insurance Law §5102[d]) to the right shoulder, unanimously reversed, on the law, without costs, and the motion denied., Defendants made a prima facie showing that plaintiff did not sustain a serious injury to her right shoulder by submitting the report of their radiologist, who opined that plaintiff’s MRI showed longstanding degenerative tears and that there was no evidence to suggest that plaintiff sustained a traumatic injury (see Kang v. Almanzar, 116 AD3d 540 [1st Dept 2014]). Defendants further demonstrated an absence of causation through the report of their orthopedist, who opined that plaintiff’s post-accident medical records, which showed no complaints of right shoulder pain, were inconsistent with any claim of traumatic injury to her right shoulder (see Frias v. Gonzalez-Vargas, 147 AD3d 500, 501 [1st Dept 2017]). In addition, plaintiff did not seek treatment for her claimed right shoulder injuries until several months after the accident (see Jones v. MTA Bus Co., 123 AD3d 614, 615 [1st Dept 2014]; see also Henchy v. VAS Express Corp., 115 AD3d 478, 479 [1st Dept 2014]).

MARIA BARRERAS, plf-ap, v. FRANCISCO MARTINEZ VARGAS, ET AL., def-res

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