[*1]
Gamble v Triboro Servs. Inc.
2007 NY Slip Op 50282(U) [14 Misc 3d 138(A)]
Decided on February 21, 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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on February 21, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKEON, P.J., McCOOE, SCHOENFELD, JJ
570530/06.

Keona Gamble, Plaintiff-Respondent,

against

Triboro Services Inc. and Jean Claude Boricaud, Defendants-Appellants, -and- Elmamadou A. Sow, Defendant-Respondent.


Defendants Triboro Services Inc. and Jean Claude Boricaud appeal from an order of the Civil Court of the City of New York, Bronx County (Raul Cruz, J.), entered June 12, 2006, which denied their motion for summary judgment dismissing the complaint.


PER CURIAM:

Order (Raul Cruz, J.), entered June 12, 2006, reversed, with $10 costs, the motion of defendants Triboro Services Inc. and Boricaud granted, and upon a search of the record, defendant Sow's motion for summary judgment is granted. The Clerk is directed to enter judgment in favor of the aforesaid defendants dismissing the complaint and all cross claims against them.

Defendants satisfied their initial burden of demonstrating, prima facie, that plaintiff did not sustain "serious injury" within the meaning of Insurance Law §5102(d). Defendants submitted the affirmed reports of doctors who examined plaintiff, measured normal ranges of motion, and found plaintiff without any objective disability or impairment (see Style v. Joseph, 32 AD3d 212 [2006]; Taylor v. Terrigno, 27 AD3d 316 [2006]). In opposition, plaintiff relied principally upon an unsigned "affirmation," which was not competent evidence to defeat the motion (see Hernandez v. Ramirez, 19 AD3d 192 [2005]; Zeigler v. Ramadhan, 5 AD3d 1080 [2004]). In any event, in the absence of any competent evidence of the claimed course of treatment or a valid explanation for its termination, plaintiff's opposition papers were insufficient to raise an issue as to whether she sustained a serious injury (see Bent v. Jackson, 15 AD3d 46 [2005]; Thompson v. Abbasi, 15 AD3d 95 [2005]).

Although defendant Sow did not file a cross appeal from the denial of his motion for summary judgment, this Court can search the record and grant summary judgment to a non-a[*2]ppealing party (CPLR 3212[b]; see Merritt Hill Vineyards Inc. v. Windy Heights Vineyard, Inc., 61 NY2d 106 [1984]).
This constitutes the decision and order of the court.
Decision Date: February 21, 2007