| Gonzalez v Sang |
| 2007 NY Slip Op 50137(U) [14 Misc 3d 133(A)] |
| Decided on January 30, 2007 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Francis M. Alessandro, J.), entered October 6, 2005, which denied his motion for summary judgment dismissing the complaint.
PER CURIAM:
Order (Francis M. Alessandro, J.), entered October 6, 2005, reversed, with $10 costs, motion granted and complaint dismissed. The Clerk is directed to enter judgment accordingly.
Plaintiff's evidentiary submissions were insufficient to rebut defendant's prima facie showing of entitlement to summary judgment on the threshold serious injury issue (see Insurance Law § 5102[d]). The reports of plaintiff's physicians failed to adequately address two prior accidents in which plaintiff sustained injuries similar to those claimed in this action (see Style v. Joseph, 32 AD3d 212 [2006]), or to counter the stated conclusion of defendant's medical expert that plaintiff had degenerative spinal changes unrelated to any trauma (see Flores v. Leslie, 27 AD3d 220 [2006]).
This constitutes the decision and order of the court.
Decision Date: January 30, 2007