Moore-Brown v. Sofi Hacking Corp., 2017 NY Slip Op 4902 (N.Y. App. Div. 2017). · Go Syfert
Moore-Brown v. Sofi Hacking Corp., 2017 NY Slip Op 4902 (N.Y. App. Div. 2017). Cases Citing This Book View Copy Cite
9 citation events (9 in the last 25 years) across 1 distinct court.
Strongest positive: Bonilla v. Bathily (nyappdiv, 2019-11-07)
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) Bonilla v. Bathily
N.Y. App. Div. · 2019 · confidence medium
Defendants' emergency medicine specialist and orthopedist opined that the emergency room records were entirely inconsistent with any claim of traumatic injury to her spine or shoulders ( see Moore-Brown v Sofi Hacking Corp. , 151 AD3d 567, 567 [1st Dept 2017]).
discussed Cited as authority (rule) Arias v. Martinez
N.Y. App. Div. · 2019 · confidence medium
Defendants established prima facie that plaintiff did not suffer either a permanent consequential limitation of use or a significant limitation of use of either claimed body part through the affirmed reports of their expert radiologist, who opined that the MRIs of those body parts showed no evidence of injury ( see Pastora L. v Diallo , 167 AD3d 424 , 424 [1st Dept 2018]; Hernandez v Marcano , 161 AD3d 676 , 677 [1st Dept 2018]), and their emergency medicine physician, who opined that plaintiff's emergency room records were inconsistent with his claimed traumatic injuries ( see Hayes v Gaceur …
discussed Cited as authority (rule) Diakite v. PSAJA Corp.
N.Y. App. Div. · 2019 · confidence medium
Defendants also submitted a radiologist's report which opined that plaintiff's MRIs showed degenerative conditions, including osteophytes, disc desiccation and hypertrophic spurring ( see Andrade v Lugo , 160 AD3d 535 , 535-536 [1st Dept 2018]; Moore-Brown v Sofi Hacking Corp. , 151 AD3d 567, 567 [1st Dept 2017]).
discussed Cited as authority (rule) Streety v. Toure
N.Y. App. Div. · 2019 · confidence medium
The report of defendants' expert emergency medicine physician is sufficient to establish their prima facie burden on the issue of causation insofar as the physician opined that the record of plaintiff's examination in the emergency room showed findings inconsistent with his claimed injuries ( see Hayes v Gaceur , 162 AD3d 437 [1st Dept 2018]; Moore-Brown v Sofi Hacking Corp. , 151 AD3d 567, 567 [1st Dept 2017]; Frias v Gonzalez-Vargas , 147 AD3d 500, 501 [1st Dept 2017]).
discussed Cited as authority (rule) Andrade v. Lugo
N.Y. App. Div. · 2018 · confidence medium
The surgeon opined that plaintiff's own MRI reports and the operative report of her right shoulder showed preexisting degenerative conditions not causally related to the accident, including multilevel degenerative disc disease in the spine ( see Moore-Brown v Sofi Hacking Corp. , 151 AD3d 567, 567 [1st Dept 2017]; Fernandez v Hernandez , 151 AD3d 581, 582 [1st Dept 2017]), and a large anterolateral spur and extensive fraying in the shoulder ( see De La Rosa v Okwan , 146 AD3d 644, 644 [1st Dept 2017], lv denied 29 NY3d 908 [2017]; Alvarez v NYLL Mgt.
Retrieving the full opinion text from the archive…
Laura Moore-Brown, Appellant,
v.
Sofi Hacking Corp. Et Al., Respondents, Et Al., Defendants
4272 300015/11.
Appellate Division of the Supreme Court of the State of New York.
Jun 15, 2017.
2017 NY Slip Op 4902
Tom, Renwick, Manzanet-Daniels, Kapnick.
Cited by 8 opinions  |  Published

Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered November 24, 2015, which, to the extent appealed from as limited by the briefs, granted the motion of defendants Sofi Hacking Corp. and Mohammed Sakaria for summary judgment dismissing the complaint based on plaintiff’s inability to demonstrate a serious injury to her cervical spine within the meaning of Insurance Law § 5102 (d), unanimously affirmed, without costs.

Defendants made a prima facie showing that plaintiff did not sustain a serious injury to her cervical spine by submitting the expert report of an orthopedist, who found full range of motion and opined that plaintiff’s alleged injuries had resolved (see Birch v 31 N. Blvd., Inc., 139 AD3d 580 [1st Dept 2016]). Those findings were consistent with the conclusion of defendants’ neurologist who found no neurological deficits and a limitation in one plane of range of motion, which did not undermine his conclusion that plaintiff suffered no permanent injury as a result of the accident (see Paduani v Rodriguez, 101 AD3d 470 [1st Dept 2012]; Sone v Qamar, 68 AD3d 566 [1st Dept 2009]). Defendants’ neurologist also relied on plaintiff’s MRI report, which showed preexisting degenerative disc disease in her cervical spine, in concluding that she suffered no traumatic injury causally related to the accident (see Alvarez v NYLL Mgt. Ltd., 120 AD3d 1043 [1st Dept 2014], affd 24 NY3d 1191 [2015]; Colon v Vincent Plumbing & Mech. Co., 85 AD3d 541 [1st Dept 2011]). Defendants further demonstrated an absence of causation through the report of an expert in emergency room medicine, who opined that plaintiff’s post-accident medical records showing no complaints of neck pain and a normal cervical exam, were inconsistent with any claim of traumatic injury to her cervical spine (see Frias v Gonzalez-Vargas, 147 AD3d 500, 501 [1st Dept 2017]). Furthermore, plaintiff testified that she did not seek treatment for her claimed cervical spine injuries from a neurologist until some eight months after the accident, which is “too remote in time to establish a causal relationship” between her claimed injuries and the accident (Jones v MTA Bus Co., 123 AD3d 614, 615 [1st Dept 2014]; see Henchy v VAS Express Corp., 115 AD3d 478, 479 [1st Dept 2014]).

In opposition, plaintiff failed to raise a triable issue of fact as to whether she sustained a serious injury to her cervical spine causally related to the accident (see Mayo v Kim, 135 AD3d[*568] 624, 625 [1st Dept 2016]).

Concur — Tom, J.P., Renwick, Manzanet-Daniels and Kapnick, JJ.