Appellate Division of the Supreme Court of the State of New York March 24, 2011 (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 preexisting 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