Appellate Division, First Department · October 6, 2026 · 2026 NY Slip Op 05715
Askins v Upstaging Inc.
Read the official decision: 2026 NY Slip Op 05715
Holding The court granted summary judgment dismissing the plaintiff’s serious injury claims because the defendants established that the plaintiff’s injuries were caused by preexisting degenerative conditions rather than the accident. The plaintiff failed to raise an issue of fact by not specifically addressing or ruling out these preexisting conditions in her expert’s opinion.
The court’s words
defendants were entitled to summary judgment dismissing the complaint because they established prima facie that plaintiff's claimed injuries were not causally related to the accident
2026 NY Slip Op 05715, at the official text
he did not specifically address any of the degenerative conditions identified by defendants' experts, including degenerative disc disease, desiccation, and osteophytes
2026 NY Slip Op 05715, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 6, 2026 |
| Citation | 2026 NY Slip Op 05715 |
| Area of law | Personal Injury and Negligence · Insurance |
| Week | Week ending October 10, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05715 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 937 |
Recommended citation
ESQ HQ, New York Law Watch, Askins v Upstaging Inc., 2026 NY Slip Op 05715 (Appellate Division, First Department, October 6, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05715/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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