Opinion
October 27, 1997
Appeal from Supreme Court, Richmond County (Vinik, J.).
Ordered that the judgment is affirmed, with costs.
The jury verdict finding that the plaintiff Mario F. Mattei sustained a serious injury within the meaning of Insurance Law 5102 (d) and that the accident on May 10, 1990, was the proximate cause of the injury is supported by a fair interpretation of the evidence ( see, Cohen v. Hallmark Cards, 45 N.Y.2d 493; Nicastro v. Park, 113 A.D.2d 129; Flanagan v. Hoeg, 212 A.D.2d 756; Jackson v. United Parcel Serv. , 204 A.D.2d 605). The evidence demonstrates that the injured plaintiff suffers from a herniated disc at L5/S1 and permanent persistent pain and discomfort in his back. Furthermore, the opinion of the injured plaintiff's medical expert that the accident on May 10, 1990, caused the herniated disc was supported by some rational basis ( see, Matott v. Ward, 48 N.Y.2d 455, 461; Matter of Miller v National Cabinet Co., 8 N.Y.2d 277, 282; cf., Andre v. Seem, 234 A.D.2d 325; Cacaccio v. Martin, 235 A.D.2d 384; Waaland v. Weiss, 228 A.D.2d 435).
Copertino, J.P., Pizzuto, Friedmann and Luciano, JJ., concur.