[*1]
Mejia v Rodriguez
2006 NY Slip Op 52178(U) [13 Misc 3d 136(A)]
Decided on November 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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 21, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McCOOE, J.P., DAVIS, SCHOENFELD, JJ
570365/06.

Marcos Antonio Mejia, Plaintiff-Respondent,

against

Esther Rodriguez, Public Administrator Of Bronx County, as Administratrix of the Estate of Henry A. Bozier, deceased, Defendant-Appellant.


Defendant appeals from an order of the Civil Court, Bronx County (Francis M. Alessandro, J.), entered April 1, 2004, which denied her motion for summary judgment dismissing the complaint.


PER CURIAM:

Order (Francis M. Alessandro, J.), entered April 1, 2004, reversed, with $10 costs, motion granted and the complaint is dismissed. The Clerk is directed to enter judgment accordingly.

Defendant met her initial burden of demonstrating that plaintiff did not suffer serious injury within the meaning of Insurance Law §5102(d). Defendant submitted plaintiff's deposition testimony in which he acknowledged that he lost little time from work and experienced few restrictions on activities (see Lopez v. Carpio-Ceballo, 20 AD3d 336 [2005]), and the affirmed reports of physicians, who upon examining plaintiff and reviewing her medical records, found her to have normal ranges of spinal motion. In opposition, plaintiff submitted no contemporaneous evidence to support his claimed spinal limitations (see Toulson v. Young Han Pae, 13 AD3d 317 [2004]) and failed to reasonably explain the conceded ten year gap in treatment (see Pommells v. Perez, 4 NY3d 566 [2005]; Rubensccastro v. Alfaro, 29 AD3d 436 [2006]).
This constitutes the decision and order of the court.
Decision Date: November 21, 2006