| Melindez v Christie |
| 2010 NY Slip Op 50914(U) [27 Misc 3d 139(A)] |
| Decided on May 24, 2010 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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
(Lizbeth Gonz�lez, J.), entered December 11, 2008, which granted defendants' motion for
summary judgment dismissing the complaint.
Per Curiam.
Order (Lizbeth Gonz�lez, J.), entered December 11, 2008, affirmed, with $10 costs.
Defendants made a prima facie showing that plaintiff did not sustain a serious injury within the meaning of Insurance Law � 5102(d) in the subject motor vehicle accident. Defendants submitted the affirmed report of a neurologist who concluded, based upon specific objective testing, that plaintiff was neurologically normal and had no disabilities (see Taylor v Terrigno, 27 AD3d 316 [2006]), and plaintiff's deposition testimony in which she acknowledged that she returned to work as a postal clerk one month following the accident, after being examined and found fit for duty by her employer (see Alloway v Rodriguez, 61 AD3d 591 [2009]). As Civil Court correctly concluded, plaintiff's opposition was insufficient to raise a triable issue, a conclusion that plaintiff, whose brief is dedicated to the matter of whether defendants met their initial burden on their motion, does not seriously challenge.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 24, 2010