Gonzalez v Castellanos (2005 NYSlipOp 50763(U))

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Gonzalez v Castellanos

2005 NYSlipOp 50763(U)

Decided on May 23, 2005

Appellate Term, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on May 23, 2005

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. WILLIAM J. DAVIS, J.P.
HON. PHYLLIS GANGEL-JACOB
HON. MARTIN SCHOENFELD, Justices.
570227/04

Ramona Gonzalez, Plaintiff-Appellant,

against

Frances Castellanos, Yocasta M. Guzman and Arelis Ferrer, Defendants-Respondents.

Plaintiff appeals from an order of the Civil Court, Bronx County, entered December 30, 2003 (Irving Rosen, J.), granting defendants' motion for summary judgment.

PER CURIAM:

Order entered December 30, 2003 (Irving Rosen, J.) affirmed, with $10 costs.

Summary dismissal of the personal injury complaint was warranted since plaintiff failed to raise an issue on the threshold "serious injury" question (Insurance Law § 5102[d]). In view of the unexplained three-year gap in treatment, plaintiff's treating doctor's belated and conclusory findings of neck and spine restrictions were plainly insufficient to defeat summary judgment (see Pommells v Perez ___NY3d___, 2005 NY Slip Op 03277; Toulson v Pae, 13 AD3d 317 [2004]).
This constitutes the decision and order of the court.
Decision Date: May 23, 2005