Knoll v. Seafood Express

836 N.E.2d 1148, 5 N.Y.3d 817, 803 N.Y.S.2d 25

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

In light of the fact that plaintiffs benign brain stem angioma condition preexisted the accident, plaintiff failed to submit medical proof sufficient to rebut defendants’ submissions and to show that he suffered a serious injury that is causally related to the accident (see Pommells v Perez, 4 NY3d 566, 580 [2005]).

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.