On December 13, 2016, Maurice Recchia won a defense verdict in Supreme Court, Kings County in Penhasov v. Khaliki, Index No. 508207/2014. The plaintiff claimed that as he was driving his car, the defendant’s taxi cab struck the plaintiff’s vehicle from behind. The plaintiff alleged that his head and right shoulder struck the steering wheel, and that he sustained multiple injuries including a tear of the rotator cuff of his right shoulder that required surgery. Mr. Recchia argued that the impact between the vehicles was very minor, and that the plaintiff’s injuries were the result of pre-existing degenerative conditions. The jury returned a defense verdict finding that the plaintiff did not sustain a “serious injury” within the meaning of Insurance Law section 5102(d).