Defendants made a prima facie showing of entitlement to judgment as a matter of law as to plaintiff Ramos’s claims of “permanent consequential limitation of use” and “significant limitation of use” of her right knee and cervical spine, and plaintiff Benvenutty’s similar claims of serious injury to his lumbar spine. Defendants submitted expert medical reports finding normal ranges of motions in the subject areas, as well as the MRI reports of a radiologist who opined that plaintiffs’ MRI studies indicated preexisting and degenerative conditions (see Spencer v Golden Eagle, Inc., 82 A.D.3d 589, 590-591 [2011]). In opposition, plaintiffs raised a triable issue of fact. Plaintiff Ramos submitted the affirmation of a radiologist who found disc herniations and a meniscal tear on MRI films taken a month after the accident. Ramos also submitted the affirmation of her treating physician who, based on objective tests, found limitations in the range of motion of Ramos’s right knee and cervical spine, opined that her injuries were causally related to the accident, and were not degenerative. In addition, she submitted an affirmation from the surgeon who performed surgery on her right knee in which he opined that her knee injury was causally related to the accident and was not degenerative (see Spencer, 82 AD3d at 591).
