| King v Drane |
| 2008 NY Slip Op 50482(U) [19 Misc 3d 126(A)] |
| Decided on March 14, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendants appeal from an order of the Civil Court of the City of New York, Bronx County
(Raul Cruz, J.), entered March 23, 2007, which denied their motion for summary judgment
dismissing the complaint.
.Per Curiam:
Order (Raul Cruz, J.), entered March 23, 2007, reversed, with $10 costs, motion granted
and complaint dismissed. The Clerk is directed to enter judgment accordingly.
Defendants met their initial burden on the threshold serious injury issue by submitting objective medical evidence that plaintiff had full range of spinal, hip and knee motion, and that contemporaneous MRI testing showed a preexisting degenerative spinal condition (see Alexander v Garcia, 40 AD3d 274 [2007]; Perez v Rodriguez, 25 AD3d 506 [2006]). In opposition, plaintiff failed to come forward with the objective proof required to raise a triable issue of fact as to whether his alleged limitations and disability were caused by the vehicular accident (see Mullings v. Huntwork, 26 AD3d 214 [2006]), and, even assuming causation, whether the nature or severity of the injuries met the serious injury threshold (see Ali v Korostelev, 35 AD3d 295 [2006]). Nor did plaintiff present sufficient evidence to support his 90/180 day claim (see Blackmon v Dinstuhl, 27 AD3d 241 [2006]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 14, 2008