Appellate Division, First Department · October 22, 2026 · 2026 NY Slip Op 06207
Osei v Polanco-Puello
Read the official decision: 2026 NY Slip Op 06207
Holding The court affirmed the dismissal of the complaint because the plaintiff failed to establish a serious injury under Insurance Law § 5102(d). The plaintiff’s expert failed to provide a causation opinion regarding the MRI findings, which defeated both the permanent limitation and 90/180-day claims.
The court’s words
opined that they depicted only preexisting, degenerative conditions not causally related to the accident
2026 NY Slip Op 06207, at the official text
offered no opinion on causation in either his affirmation or his reports
2026 NY Slip Op 06207, at the official text
no posttraumatic changes causally related to the vehicle collision
2026 NY Slip Op 06207, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 22, 2026 |
| Citation | 2026 NY Slip Op 06207 |
| Area of law | Insurance |
| Week | Week ending October 24, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06207 |
| 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 | 1465 |
Recommended citation
ESQ HQ, New York Law Watch, Osei v Polanco-Puello, 2026 NY Slip Op 06207 (Appellate Division, First Department, October 22, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06207/
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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