Henry v. Hartley

In Henry v. Hartley, 119 AD3d 528 [2nd Dept 2014], the defendants were held to have met their prima facie burden of establishing their entitlement to judgment as a matter of law by submitting sufficient evidence in admissible form to establish that the injuries allegedly sustained by the plaintiff were not causally related to the subject accident, as the affirmed reports of the defendants' retained radiologist established that the alleged injuries to the injured plaintiff's left knee and the lumbar region of his spine were degenerative in nature. The Appellate Division, Second Department found the plaintiff failed to raise a triable issue of fact because the plaintiff's doctor failed to address, in a non-conclusory fashion, the issue of whether the injuries to the plaintiff's spine and his left knee were entirely the result of pre-existing degenerative changes and, thus, not causally related to the subject accident.