Plaintiff appeals from an order of the Civil Court, Bronx County (Julia I. Rodriguez, J.), entered July 1, 2005, which granted the motion of defendants Novelette Bowen, Septic Brown and Action Automotive & Towing for summary judgment, dismissing the complaint against them.

PER CURIAM:

Order (Julia I. Rodriguez, J.), entered July 1, 2005, affirmed, with $10 costs.

Defendants established prima facie entitlement to summary judgment on the threshold "serious injury" issue (Insurance Law § 5102[d]), by offering the medical reports of an orthopedist and a neurologist who opined, after examining plaintiff and reviewing his medical records, that his injuries, if any, were preexisting or degenerative in origin.

In opposition, plaintiff failed to come forward with the objective proof required to raise a triable issue as to whether his alleged injuries, assuming they met the serious injury threshold, were caused by the subject motor vehicle accident (see Pommells v. Perez, 4 NY3d 566, 580 [2005]; Montgomery v. Pena, 19 AD3d 288 [2005]). The affirmed report of plaintiff's doctor fails to give any objective basis for concluding that plaintiff's alleged limitations resulted from the May 2000 accident, rather than one of numerous other accidents in which plaintiff was involved from 1986 through 2003, or from the preexisting degenerative condition of plaintiff's left knee identified by defendants' expert (see Franchini v. Palmieri, 1 NY3d 536 [2003]). Moreover, in light of the fact that plaintiff's expert was not his treating physician, and that the physician first examined plaintiff five years after the accident at issue, his opinions as to causation, permanence and significance were properly rejected as conclusory, speculative and [*2]seemingly tailored to meet the statutory definition (see Arjona v. Calcano, 7 AD3d 279 [2004]).

This constitutes the decision and order of the court.
Decision Date: July 6, 2006