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REYES v. ESQUILIN

Appellate Division of the Supreme Court of New York, First Department.
Sep 23, 2008

Plaintiff failed to present objective medical evidence responsive to defendants' showing that the MRIs of plaintiff taken shortly after the accident revealed only age-related degenerative changes, not any sudden trauma that can be causally related to the accident ( see Pommells v Perez, 4 NY3d 566, 579; Ronda v Friendly Baptist Church, 52 AD3d 440; Becerril v Sol Cab Corp., 50 AD3d 261). Absent such evidence, it does not avail plaintiffs 90/180-day claim that defendants' experts did not address his condition during the relevant period of time ( see Blackwell v Fraser, 13 AD3d 157, 157; cf. Webb v Johnson, 13 AD3d 54, 55).