Defendants appeal from an order of the Civil Court of the City of New York, Bronx County (Francis M. Alessandro, J.), entered February 14, 2008, which denied their motion for summary judgment dismissing the complaint.

Per Curiam.

Order (Francis M. Alessandro, J.), entered February 14, 2008, reversed, with $10 costs, motion granted and complaint dismissed. The Clerk is directed to enter judgment accordingly.

Defendants met their burden of demonstrating that plaintiff did not sustain a serious injury as defined in Insurance Law §5102(d), and plaintiff failed to produce competent medical evidence contemporaneous to the time of the vehicular accident showing the condition of her lumbar and cervical spine (see Santana v Khan, 48 AD3d 318 [2008]; Petinrin v Levering, 17 AD3d 173 [2005]). Moreover, in view of defendants' evidence of a preexisting injury, in the form of plaintiff's own deposition admission that her back was injured in a prior accident, it was incumbent upon plaintiff to present proof to meet defendants' asserted lack of causation. Plaintiff's failure to address the possible effect(s) of the previous accident on her current symptoms (see Brewster v FTM Servo, Corp., 44 AD3d 351 [2007]) is fatal to her claim.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: September 23, 2008