Key Takeaway
Black v Gordon: why an unexplained aggravation opinion failed to answer disc degeneration, bony growth and missing early cervical complaints.
This article is part of our ongoing causation coverage, with 51 published articles analyzing causation issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.
The expert in Black v Gordon, 172 AD3d 580 (1st Dept 2019), acknowledged degeneration but did not explain his conclusion that the accident aggravated it. The First Department affirmed dismissal. Calling the injury an aggravation did not explain the contrary findings.
Legal Update (September 2026): Chapter 58 of 2026, Part EE §§ 1 and 4 removed the 90/180-day serious-injury category for actions and proceedings commenced on or after May 26, 2026. This historical case predates that amendment.
The unexplained bony growth and claimed new herniation
The plaintiff submitted an unaffirmed MRI report and an affidavit from a chiropractor who examined her several years after the accident. He acknowledged the preexisting disc changes but supplied no basis for attributing an aggravation to the collision or assessing its extent. He also did not explain why the herniation was new or address the bony growth at the same level identified in her own MRI report.
The court separately noted the lack of admissible evidence documenting contemporaneous cervical pain or limitation. This was not merely a contest over which expert used more confident language. The response left specific findings unexplained.
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What Black does not establish
The decision does not forbid recovery for an accident-related aggravation, disqualify chiropractors as a class, or prescribe one expert-report checklist for all personal-injury and malpractice actions. It concerns the evidence supplied on this motor-vehicle serious-injury motion.
The hearing-loss and tinnitus allegations were separately unsupported on this record; the court did not announce that those conditions can never qualify. And the need for early causal evidence should not be confused with mandatory early numerical measurements: Perl v Meher rejected that numerical-measurement rule while explaining why contemporaneous medical observations can matter.
Frequently Asked Questions
What makes a causation opinion legally sufficient?
Black required reasons supporting the claimed aggravation and new herniation, not a conclusory attribution. The expert left specific degenerative and bony-growth findings unexplained.
How do pre-existing conditions affect causation analysis?
They may require a reasoned answer when the motion record raises them. Black does not hold that every preexisting condition bars an accident-related claim.
What documentation strengthens causation opinions?
The records relevant to the disputed condition matter. Black identified the plaintiff’s own MRI findings and the absence of admissible early cervical complaints; it did not prescribe the same document checklist for every case.
How detailed must causation testimony be?
The explanation must address the actual contrary findings, not reach a word count. In Black, saying the accident aggravated the condition did not explain the basis or extent of that claimed change.
Can the same expert address both liability and causation?
Black did not decide whether one expert could address both issues. Qualifications and the basis for each proposed opinion need separate evaluation; this case does not require two experts in every action.
Connect to the Encyclopedia
- Preexisting injuries and causation: topic hub
- Valentin: degeneration in the plaintiff’s own medical records
- Frias: an unexplained degeneration opinion from the defense
- Torres and Campanile: when the causation burden shifts
- Mnatcakanova: a causal conclusion that did not answer degeneration
- Hernandez: renewal and different proof for the shoulder and spine
- Bobbio: missing support for aggravation of a prior neck disability
- Grant: supported competing MRI-based explanations
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Last reviewed: September 2026. Original publication date retained.
Legal Context
Why This Matters for Your Case
New York law is among the most complex and nuanced in the country, with distinct procedural rules, substantive doctrines, and court systems that differ significantly from other jurisdictions. The Civil Practice Law and Rules (CPLR) governs every stage of civil litigation, from service of process through trial and appeal. The Appellate Division, Appellate Term, and Court of Appeals create a rich and ever-evolving body of case law that practitioners must follow.
Attorney Jason Tenenbaum has practiced across these areas for over 24 years, writing more than 1,000 appellate briefs and publishing over 2,353 legal articles that attorneys and clients rely on for guidance. The analysis in this article reflects real courtroom experience — from motion practice in Civil Court and Supreme Court to oral arguments before the Appellate Division — and a deep understanding of how New York courts actually apply the law in practice.
About This Topic
Causation in New York Personal Injury & No-Fault Law
Causation — proving that the defendant's negligence or the accident caused the plaintiff's injuries — is an essential element of every personal injury and no-fault claim. New York courts distinguish between proximate cause, intervening causes, and pre-existing conditions that may have been aggravated by an accident. The legal standards for establishing causation through medical evidence and the defenses available to challenge causal connection are analyzed in depth across these articles.
51 published articles in Causation
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May 24, 2018Frequently Asked Questions
Common Questions About This Topic
5 answers from the firm's New York personal-injury and employment-law practice. Click any question to expand.
What makes a causation opinion legally sufficient?
Black required reasons supporting the claimed aggravation and new herniation, not a conclusory attribution. The expert left specific degenerative and bony-growth findings unexplained.
How do pre-existing conditions affect causation analysis?
They may require a reasoned answer when the motion record raises them. Black does not hold that every preexisting condition bars an accident-related claim.
What documentation strengthens causation opinions?
The records relevant to the disputed condition matter. Black identified the plaintiff's own MRI findings and the absence of admissible early cervical complaints; it did not prescribe the same document checklist for every case.
How detailed must causation testimony be?
The explanation must address the actual contrary findings, not reach a word count. In Black, saying the accident aggravated the condition did not explain the basis or extent of that claimed change.
Can the same expert address both liability and causation?
Black did not decide whether one expert could address both issues. Qualifications and the basis for each proposed opinion need separate evaluation; this case does not require two experts in every action.
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Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.
New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.
If you need legal help with a causation matter, contact our office at (516) 750-0595 for a free consultation. We serve clients throughout Long Island (Huntington, Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton), Nassau County (Hempstead, Garden City, Mineola, Great Neck, Manhasset, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa), Suffolk County (Hauppauge, Deer Park, Bay Shore, Central Islip, Patchogue, Brentwood), Queens, Brooklyn, Manhattan, the Bronx, Staten Island, and Westchester County. Prior results do not guarantee a similar outcome.
