Key Takeaway
Mnatcakanova v Elliot: why an accident-related medical conclusion did not answer spine and knee degeneration, plus the separate scar ruling.
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.
An expert’s statement that an accident caused an injury did not resolve the specific degeneration evidence in Mnatcakanova v Elliot, 174 AD3d 798 (2d Dept 2019). The Second Department affirmed dismissal after the plaintiff failed to answer the defense findings about her spine and right knee.
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 unanswered medical explanation
The moving defendants established that the cervical and thoracolumbar spine conditions and right-knee condition were degenerative rather than accident-related. The plaintiff supplied an affirmed report attributing injuries to the collision, but her proof did not address the contrary findings. The issue was the reasoning, not merely whether a doctor signed an affirmation.
The decision also addressed a separate significant-disfigurement claim. The defense plastic surgeon described a small, flat neck scar that blended with the surrounding skin, and a photograph showed no discernable disfigurement. The plaintiff did not submit photographic evidence rebutting that showing. This was a finding about the scar and record in that case, not a rule that scars cannot qualify as serious injuries.
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Keep the causation question tied to the record
A preexisting condition and an accident-related aggravation are different propositions. A report advancing aggravation needs reasons that answer the evidence raised on the motion; the decision does not make every degenerative finding an automatic defense victory.
The social-media FAQ below concerns discovery, a separate issue from the medical holding. In Forman v Henkin, 30 NY3d 656 (2018), the Court of Appeals required ordinary, tailored relevance analysis for social-media discovery. It did not make an entire account automatically discoverable or treat a photograph as conclusive medical proof.
Frequently Asked Questions
Q: Can I recover damages if I had a pre-existing condition?
A: A preexisting condition does not by itself answer whether an accident caused additional injury. In Mnatcakanova, the plaintiff’s report failed to address specific evidence of degeneration rather than establishing a supported aggravation.
Q: How long do I have to establish the causal relationship between my accident and injuries?
A: Medical chronology and litigation deadlines are different issues. This opinion does not create a universal deadline for proving causation; filing, notice and court-ordered proof deadlines must be checked for the particular claim.
Q: What if my doctor isn’t sure whether my injuries are related to the accident?
A: The uncertainty should be evaluated honestly against the records. Mnatcakanova shows that a signed causal conclusion is not enough when it leaves a supported alternative explanation unanswered.
Q: Can the defense use my social media posts to challenge causation?
A: Relevant social-media material may be discoverable under Forman’s tailored relevance analysis. A private setting does not automatically protect it, and filing a claim does not make the entire account discoverable. A post alone does not settle medical causation.
Q: What happens if there were multiple causes of my injury?
A: The medical evidence must address the accident-related injury claimed and the alternative causes raised. Mnatcakanova does not supply a percentage formula for reducing damages merely because a preexisting condition exists.
Connect to the Encyclopedia
- Preexisting injuries and causation: topic hub
- Torres and Campanile: when the causation burden shifts
- Black: reasons required for a claimed aggravation
- Valentin: degeneration in the plaintiff’s own medical records
- Hernandez: renewal and different proof for the shoulder and spine
- Frank: minor-impact evidence and review of a jury verdict
- Bobbio: missing support for aggravation of a prior neck disability
- Grant: supported competing MRI-based explanations
For review of a particular claim, contact the firm.
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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Apr 10, 2019Frequently 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.
Q: Can I recover damages if I had a pre-existing condition?
A: A preexisting condition does not by itself answer whether an accident caused additional injury. In Mnatcakanova, the plaintiff's report failed to address specific evidence of degeneration rather than establishing a supported aggravation.
Q: How long do I have to establish the causal relationship between my accident and injuries?
A: Medical chronology and litigation deadlines are different issues. This opinion does not create a universal deadline for proving causation; filing, notice and court-ordered proof deadlines must be checked for the particular claim.
Q: What if my doctor isn’t sure whether my injuries are related to the accident?
A: The uncertainty should be evaluated honestly against the records. Mnatcakanova shows that a signed causal conclusion is not enough when it leaves a supported alternative explanation unanswered.
Q: Can the defense use my social media posts to challenge causation?
A: Relevant social-media material may be discoverable under Forman's tailored relevance analysis. A private setting does not automatically protect it, and filing a claim does not make the entire account discoverable. A post alone does not settle medical causation.
Q: What happens if there were multiple causes of my injury?
A: The medical evidence must address the accident-related injury claimed and the alternative causes raised. Mnatcakanova does not supply a percentage formula for reducing damages merely because a preexisting condition exists.
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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.
