Defendant appeals from an order of the Civil Court, Bronx County (Wilma Guzman, J.), entered April 19, 2005, which denied his motion for summary judgment dismissing the complaint.

PER CURIAM:

Order (Wilma Guzman, J.), entered April 19, 2005, reversed, with $10 costs, motion granted and the complaint is dismissed. The Clerk is directed to enter judgment accordingly.

Plaintiff's submissions were insufficient to raise a triable issue of fact as to whether her alleged injuries, even if assumed to have met the serious injury threshold, were caused by the subject motor vehicle accident. The affirmed report of plaintiff's treating physician fails to give any objective basis for the conclusion that plaintiff's alleged limitations result from the subject motor vehicle accident, rather than from a prior 1999 accident, or from the preexisting spinal degenerative condition identified by defendant's expert. In view of this omission, the physician's conclusion that plaintiff's condition is causally related to the accident is mere speculation insufficient to defeat summary judgment (see Montgomery v Pena, 19 AD3d 288 [2005]).

This constitutes the decision and order of the court.
Decision Date: November 21, 2006