| Moya v Penske Truck Leasing Co. |
| 2006 NY Slip Op 50457(U) [11 Misc 3d 134(A)] |
| Decided on March 27, 2006 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected in part through April 26, 2006; it will not be published in the printed Official Reports. |
Plaintiffs appeal from an order of the Civil Court, Bronx County (Julia I. Rodriguez, J.), entered April 8, 2005, which granted defendants' motion for summary judgment dismissing the complaint.
PER CURIAM:
Order (Julia I. Rodriguez), entered April 8, 2005, affirmed, with $10 costs.
Defendants made a prima facie showing of entitlement to summary judgment, relying on diagnostic imaging, plaintiffs' medical records and other medical evidence to establish that plaintiffs' injuries are not casually related to the accident, and thus, do not satisfy the serious injury threshold of Insurance Law §5102(d). Plaintiffs failed to satisfy their evidentiary burden to submit, in opposition to the motion, objective medical proof of a serious injury casually related to the automobile accident. Plaintiffs' doctors did not address defendants' evidence establishing congenital, preexisting and/or degenerative conditions (see Mullings v. Huntwork, ___ AD3d ___, 2006 N.Y. Slip Op. 01118 [decided February 14, 2006]). Thus, their conclusory assertions that plaintiffs' complaints resulted from the accident were insufficient to raise a triable issue of fact as to causation (see Shaw v. Looking Glass Assoc., 8 AD3d 100 [2004]; Medina-Santiago v. Nojovits, 5 AD3d 253 [2004]).
This constitutes the decision and order of the court.
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Decision Date: March 27, 2006