Claimant’s expert, while stating that the accident caused an injury, failed to address evidence of degeneration in the x-ray reports of the lumbar spine found in his own records. Since there was no evidence of causation, serious injury claim could not survive. Given the lack of serious injury, the issue of liability did not matter.
Here is the case: Angeles v. Versace Inc.
http://www.courts.state.ny.us/reporter/3dseries/2015/2015_00648.htm