Appellate Division of the Supreme Court of the State of New York December 6, 2012 (Lall v. Ali)

The record demonstrates that plaintiff Jean Ramsaroop Lall did not sustain a serious injury of a nonpermanent nature (Insurance Law § 5102 [d]). Defendants’ radiologist opined that plaintiffs alleged lumbar spine injuries were degenerative and not related to the accident, and, in opposition, plaintiff failed to refute that evidence (see Reyes v Esquilin, 54 AD3d 615 [1st Dept 2008]).