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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
CourtAppellate Division, First Department
DecidedOctober 6, 2026
Citation2026 NY Slip Op 05715
Area of lawPersonal Injury and Negligence · Insurance
WeekWeek ending October 10, 2026
Official textOfficial decision: 2026 NY Slip Op 05715
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id937

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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Published October 6, 2026. Updated October 6, 2026.