Defendant Marco A. Hernandez appeals from an order of the Civil Court of the City of New York, Bronx County (Raul Cruz, J.), dated September 24, 2006, which denied his motion for summary judgment dismissing the complaint.

Per Curiam:
Order (Raul Cruz, J.), dated September 24, 2006, reversed, with $10 costs, motion granted, and complaint dismissed as against defendant Hernandez. The Clerk is directed to enter judgment accordingly.

Defendant Hernandez met his initial burden of establishing that plaintiff suffered no accident-related serious injury (see Insurance Law §5102[d]) through the submission of medical proof that plaintiff had recovered from sprain and strain injuries, and an affirmed radiology report indicating that plaintiff suffered from "chronic" and "longstanding" degenerative disc disease unrelated to the subject motor vehicle accident. In opposition, plaintiff did not address defendant's showing of a preexisting condition, and thus failed to raise a triable issue as to causation (see Pommells v Perez, 4 NY3d 566, 588 [2005]; Mullings v Huntwork, 26 AD3d 214 [2006]; Jimenez v Rojas, 26 AD3d 256 [2006]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 6, 2008