Vinasco v Kuzam

Holding The Appellate Division affirmed the dismissal of the plaintiff’s complaint, finding that defendants established prima facie that the plaintiff did not suffer a serious injury as defined by Insurance Law § 5102(d). The court held that the plaintiff failed to raise a triable issue of fact because her medical records were unaffirmed and she failed to offer an expert opinion to the contrary.

The court’s words

Defendants established prima facie that plaintiff did not suffer a serious injury as defined by Insurance Law § 5102(d) by submitting expert reports from an orthopedist and a radiologist

2026 NY Slip Op 05868, at the official text

Plaintiff failed to raise a triable issue of fact as the medical records she submitted were unaffirmed, and defendants' expert orthopedist did not rely on them

2026 NY Slip Op 05868, at the official text

the court properly dismissed the 90/180-day claim

2026 NY Slip Op 05868, at the official text

Plaintiff failed to raise new facts that would have changed the outcome of the summary judgment motion, or to provide a reasonable excuse for failing to present those facts at the proper time

2026 NY Slip Op 05868, at the official text