LEMOS v. GIACOMO MANAGEMENT, INC

Defendant corporation established prima facie that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). It submitted persuasive evidence of pre-existing degenerative bone disease in plaintiffs left knee that predated the accident, by way of a radiologist's affirmed report detailing the findings in plaintiff's MRI film, as well as plaintiffs physician's findings of degenerative disease. In op-position, plaintiff failed to meet his burden to adduce evidence rebutting the asserted lack of causation ( see Ortiz v Ash Leasing, Inc., 63 AD3d 556; Valentin v Pomilla, 59 AD3d 184, 186).

In light of the foregoing, defendant's argument regarding plaintiffs gap in treatment need not be considered.