| Rodriguez v Zavada |
| 2005 NY Slip Op 51654(U) [9 Misc 3d 134(A)] |
| Decided on October 18, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiffs appeal from an order of the Civil Court of the City of New York, Bronx County, entered March 29, 2004 (Raul Cruz, J.), granting defendants' motion and cross motion for summary judgment dismissing the complaint.
PER CURIAM:
Order entered March 29, 2004 (Raul Cruz, J.) affirmed, with $10 costs.
The record is devoid of admissible evidence of "serious injury" (Insurance Law § 5102[d]) at the time of the vehicular accident in 1998. No showing was made that the first-named plaintiff underwent any course of treatment for the injuries she allegedly sustained. (see Thompson v Abbasi, 15 AD3d 95 [2005]; Bent v Jackson, 15 AD3d 46 [2005]). Since plaintiff's medical expert examined her for the first (and only) time four years after the accident — and two years after another vehicular collision in which plaintiff was injured — his opinion as to permanence and significance was too speculative to defeat summary judgment (see Arjona v [*2]Calcano, 7 AD3d 279 [2004]).
This constitutes the decision and order of the court.
Decision Date: October 18, 2005