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Reyes v Delgado
2006 NY Slip Op 51613(U) [12 Misc 3d 148(A)]
Decided on August 21, 2006
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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 21, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKEON, P.J., DAVIS, GANGEL-JACOB, JJ
570030/06.

Genoveva Reyes, Plaintiff-Appellant,

against

Samuel R. Delgado, Guadalupe Frias, Jose Luciano and Rafael Saneaux, Defendants-Respondents.


Plaintiff appeals from an order of the Civil Court, Bronx County (Julia I. Rodriguez, J.), entered June 22, 2005, which granted defendants' motion for summary judgment dismissing the complaint.


PER CURIAM:

Order (Julia I. Rodriguez, J.), entered June 22, 2005, affirmed, with $10 costs.

Plaintiff failed to provide a reasonable explanation for her cessation of treatment six months after the 1998 vehicular accident (see Pommells v Perez, 4 NY3d 566, 574 [2005]). The assertion of plaintiff's physician, who treated plaintiff for only two months after the accident and who, so far as shown, did not consult with or re-examine plaintiff at the time treatment ceased, that at the time treatment was terminated plaintiff had "obtained maximum medical benefit" and that further treatment was "unnecessary," was "insufficient to counter the inference naturally arising from the cessation of treatment, that any injury sustained by plaintiff as a result of the alleged incident was not serious' as that term is defined in the statute" (Brown v City of New York, AD3 , 814 NYS2d 88 [2006]). Plaintiff also failed to provide objective medical proof to support her claim that she was unable to perform substantially all of her usual and customary activities for 90 of the 180 days immediately following the accident (see Copeland v Kasalica, 6 AD3d 253 [2004]). This constitutes the decision and order of the court.
Decision Date: August 21, 2006