Rampersaud v. Eljamali, 100 A.D.3d 508 (N.Y. App. Div. 2012). · Go Syfert
Rampersaud v. Eljamali, 100 A.D.3d 508 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
8 citation events (8 in the last 25 years) across 1 distinct court.
Strongest positive: Bhowmik v. Santana (nyappdiv, 2016-06-07)
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) Bhowmik v. Santana
N.Y. App. Div. · 2016 · confidence medium
It is uncontested that the medical records submitted by plaintiff were not in admissible form, and therefore lacked probative value (see Rampersaud v Eljamali, 100 AD3d 508, 509 [1st Dept 2012]; Quinones v Ksieniewicz, 80 AD3d 506 [1st Dept 2011]).
cited Cited as authority (rule) Nakamura v. Montalvo
N.Y. App. Div. · 2016 · confidence medium
The absence of evidence of a causal connection between the 2012 accident and plaintiff’s injuries also requires dismissal of this claim (see Rampersaud v Eljamali, 100 AD3d 508, 509 [1st Dept 2012]).
cited Cited as authority (rule) Macdelinne F. v. Jimenez
N.Y. App. Div. · 2015 · confidence medium
Given her failure to raise a triable issue of fact as to causation, Zapata’s 90/180-day injury claim was correctly dismissed (see Rampersaud v Eljamali, 100 AD3d 508, 509 [1st Dept 2012]).
discussed Cited as authority (rule) Kamara v. Ajlan
N.Y. App. Div. · 2013 · confidence medium
Notwithstanding the uncontroverted evidence of preexisting conditions unrelated to the accident, plaintiff’s physicians ignored the effect of those prior conditions, presented no evi dence that the claimed injuries were different from the preexisting conditions, and failed to otherwise explain why those preexisting conditions were ruled out as the cause of his current, alleged limitations (see Pommells v Perez, 4 NY3d 566, 580 [2005]; Rampersaud v Eljamali, 100 AD3d 508, 509 [1st Dept 2012]).
discussed Cited as authority (rule) Kamara v. Ajlan
N.Y. App. Div. · 2013 · confidence medium
Notwithstanding the uncontroverted evidence of preexisting conditions unrelated to the accident, plaintiff’s physicians ignored the effect of those prior conditions, presented no evi dence that the claimed injuries were different from the preexisting conditions, and failed to otherwise explain why those preexisting conditions were ruled out as the cause of his current, alleged limitations (see Pommells v Perez, 4 NY3d 566, 580 [2005]; Rampersaud v Eljamali, 100 AD3d 508, 509 [1st Dept 2012]).
Retrieving the full opinion text from the archive…
Rajnarine Rampersaud
v.
Ann T. Eljamali
Appellate Division of the Supreme Court of the State of New York.
Nov 15, 2012.
100 A.D.3d 508
Cited by 6 opinions  |  Published

Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered March 6, 2012, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted based on the failure to establish a serious injury within the meaning of Insurance Law § 5102 (d). The Clerk is directed to enter judgment dismissing the complaint.

The reports of defendant’s expert orthopedist and radiologist established prima facie that plaintiffs injuries were not permanent or significant because they had resolved and plaintiff had full range of motion in his cervical and lumbar spine (see Porter v Bajana, 82 AD3d 488 [1st Dept 2011]). Moreover, the radiolo[*509] gist affirmed that plaintiff suffered from a preexisting degenerative condition, unrelated to trauma (id.).

In opposition, plaintiff failed to raise a triable issue of fact. The MRI reports, chiropractor report, and medical records were in inadmissible form and therefore lacked probative value (see Quinones v Ksieniewicz, 80 AD3d 506, 506 [1st Dept 2011]). The medical expert’s report, to the extent admissible, failed to raise a triable issue of fact as to causation, since the expert did not explain why plaintiffs prior injuries and degenerative condition were ruled out as the cause of his current alleged limitations (see Pommells v Perez, 4 NY3d 566, 580 [2005]; Jimenez v Polanco, 88 AD3d 604 [1st Dept 2011]). Absent evidence that plaintiffs injuries were caused by the subject accident, his 90/ 180-day claim fails (see Jimenez, 88 AD3d at 604).

Given the lack of serious injury, the issue of liability is academic (see Hernandez v Adelango Trucking, 89 AD3d 407, 408 [1st Dept 2011]). Concur — Friedman, J.E, Catterson, Renwick, DeGrasse and Román, JJ.