| Carr v Thompson |
| 2006 NY Slip Op 50687(U) [11 Misc 3d 141(A)] |
| Decided on April 21, 2006 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected in part through May 1, 2006; it will not be published in the printed Official Reports. |
Defendants appeal from so much of an order of the Civil Court, Bronx County (Francis M. Alessandro, J.), entered October 2, 2003, as denied their cross motion for summary judgment dismissing the complaint.
PER CURIAM:
Order (Francis M. Alessandro, J.), entered October 2, 2003, reversed, with $10 costs, cross motion granted, and complaint dismissed. The Clerk is directed to enter judgment accordingly.
Defendants demonstrated prima facie that plaintiff Kim Carr did not sustain a serious injury (see Insurance Law § 5102[d]). Defendants submitted affirmations from three examining physicians, who concluded that plaintiff had full range of motion and no acute complaints, and that any strain injuries which may have been related to the 1996 car accident had resolved (see Watt v. Francis, 16 AD3d 240 [2005]).
Plaintiff's submissions in opposition were insufficient to raise an issue of fact as to whether she sustained a serious injury. Her belated and conclusory assertions of continuing disability and restriction were obviously tailored to meet statutory requirements. This deficiency was not remedied by her treating chiropractor's affidavit, premised upon little more than plaintiff's subjective complaints (see Sulimanoff v. Ash Trans Corp., 259 AD2d 146 [1999]).
Finally, we note that plaintiff submitted no evidence in opposition to that portion of the cross motion seeking summary judgment dismissal of the infant plaintiffs' claims.
This constitutes the decision and order of the court.
Decision Date: April 21, 2006