[*1]
Brown v Ullah
2005 NY Slip Op 51666(U) [9 Misc 3d 134(A)]
Decided on October 20, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 20, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. WILLIAM P. McCOOE, J.P.,
HON. PHYLLIS GANGEL-JACOB
HON. MARTIN SCHOENFELD, Justices.


Iva Brown,NY County Clerk's No.570369/05 Plaintiff-Respondent, Calendar No. 05-233

against

Sadiq Ullah, Defendant-Appellant.


Defendant appeals from an order of the Civil Court, Bronx County, entered November 15, 2004 (Irving Rosen, J.) which denied his motion for summary judgment dismissing the complaint.


PER CURIAM:

Order entered November 15, 2004 (Irving Rosen, J.) affirmed, with $10 costs.

The reports of defendant's neurological and orthopedic experts, addressed to the permanency of plaintiff's injuries, were insufficient to warrant the grant of summary judgment to defendant dismissing plaintiff's claim that her injuries required her to stay home from work or prevented her from performing her usual and customary activities for 90 of the first 180 days following the accident (see Insurance Law §5102[d]). Inasmuch as defendant did not sustain his burden of proof as movant, denial of the motion was required, despite any inadequacies in plaintiff's opposition papers (see Loesburg v Jovanovic, 264 AD2d 301 [1999]; Pisasale v. Buckhorn Carriers, 249 AD2d 157 [1998]).

This constitutes the decision and order of the court.
Decision Date: October 20, 2005