Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Francis M. Alessandro, J.), entered August 2, 2007, which denied his motion for summary judgment dismissing the complaint.

Per Curiam.

Order (Francis M. Alessandro, J.), entered August 2, 2007, reversed, with $10 costs, motion granted and complaint dismissed. The Clerk is directed to enter judgment accordingly.

Defendant established a prima facie showing that plaintiff did not sustain a serious injury as defined under Insurance Law § 5102(d) by submitting the affirmed medical reports of an orthopedist and a neurologist, who upon examination, found that plaintiff had normal ranges of spinal motion and had recovered from sprain injuries. Defendant also submitted plaintiff's deposition testimony in which plaintiff acknowledged that he was not confined to home as a result of the 2003 motor vehicle accident and missed only a few days of work. In opposition, plaintiff's failed to raise a triable issue as to whether he sustained a serious injury. Plaintiff's deposition testimony revealed that he was involved in a second motor vehicle accident in 2004, in which he sustained similar injuries. In these circumstances, it was incumbent upon plaintiff to present proof showing that his alleged injuries were caused by the subject accident. Plaintiff's doctors failed to address the possibility that plaintiff's limitations were caused by the second accident (see Lunkins v Toure, 50 AD3d 399 [2008]; Becerril v Sol Cab Corp., 50 AD3d 261 [2008]; Brewster v FTM Servo, Corp., 44 AD3d 351 [2007]). Plaintiff also failed to submit competent medical evidence to substantiate his 90/180-day claim.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
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Decision Date: February 20, 2009