| Parker v I.E.S.I. N.Y. Corp. |
| 2008 NY Slip Op 50132(U) [18 Misc 3d 134(A)] |
| Decided on January 23, 2008 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from an order of the Civil Court of the City of New York, Bronx County
(Julia I. Rodriguez, J.), entered March 17, 2005, which granted defendants' motion for summary
judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment.
Per Curiam.
Order (Julia I. Rodriguez, J.), entered March 17, 2005, affirmed, with
$10 costs.
Defendants made a prima facie showing that plaintiff did not sustain a serious injury by
submitting (1) the affirmations of two medical experts who examined plaintiff, reviewed reports
of diagnostic imaging, and concluded that the injuries complained of were the result of
preexisting degenerative spinal disease, and (2) a record devoid of evidence that plaintiff was
prevented from performing "substantially all" of his customary daily activities during the 90/180
day period after the accident (see Norona v Manhattan & Bronx Surface Tr. Operating Auth.,
40 AD3d 480 [2007]; Uddin v Cooper, 32 AD3d 270 [2006]). In opposition,
plaintiff's submission failed to provide an objective, quantified assessment of his condition in the
aftermath of the motor vehicle accident (see Toulson v Young Han Pae, 13 AD3d 317
[2004]) or to address defendant's showing that plaintiff had a preexisting degenerative condition
unrelated to the accident (see Otero v 971 Only U, Inc., 36 AD3d 430
[2007]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: January 23, 2008