Boone v. Milano— N.Y.S.2d —-, 2012 WL 2137382 (3d Dept.,2012)
“However, Rosa failed to account for why plaintiff’s preexisting physical maladies were not the source of the injuries and limitations that she now claims were caused by this accident. As such, Rosa’s affirmation does not create a factual issue that required denial of defendants’ motion for summary judgment, and plaintiff’s claims that she suffered a permanent consequential limitation as well as a significant limitation of a body organ, member, function or system were properly dismissed ( see Franchini v. Palmieri, 1 N.Y.3d 536, 537 [2003]; Cirillo v. Swan, 95 A.D.3d 1401, ––––, 2012 N.Y. Slip Op 03493, *2 [2012]; Foley v. Cunzio, 74 A.D.3d 1603, 1604–1605 [2010] ).“
