Berggran v Temlock

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[*1] Berggran v Temlock 2006 NY Slip Op 51007(U) [12 Misc 3d 129(A)] Decided on May 31, 2006 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 This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on May 31, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: DAVIS, J.P., GANGEL-JACOB, J.
570174/05

Elizabeth Berggran, Plaintiff-Appellant, - -

against

Caroline R. Temlock, Defendant-Respondent.

Plaintiff, as limited by her brief, appeals from that portion of an order of the Civil Court, Bronx County (Raul Cruz, J.), entered May 31, 2005, which, upon renewal, adhered to its prior decision granting defendant's motion for summary judgment dismissing the complaint.

PER CURIAM:

Order (Raul Cruz, J.), entered May 31, 2005, affirmed, with $10 costs.
Plaintiff's renewal papers, even if properly
considered (cf. Star v Badillo, 225 AD2d 610 [1995]), were
insufficient to raise a triable issue on the threshold issue of serious injury (Insurance Law § 5102 [d]). Plaintiff's newly submitted medical proof, derived from examinations and testing undertaken approximately six years after the motor vehicle accident giving rise to this action, lacked any "admissible contraporaneous evidence of a serious injury" (Toulson v Young Han Pae, 13 ADd3d 317, 319 [2004]).
This constitutes the decision and order of the court.
Decision Date: May 31, 2006