Player v Copstat Sec., Inc.

[*1] Player v Copstat Sec., Inc. 2007 NY Slip Op 50720(U) [15 Misc 3d 133(A)] Decided on April 5, 2007 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 5, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, P.J., DAVIS, KLEIN HEITLER, JJ
570699/06.

Dermon Player, Plaintiff-Appellant,

against

Copstat Security, Inc., Richie R. Rodriguez, Kone Inzan and Paul Yao Assou, Defendants-Respondents.

Plaintiff appeals from an order of the Civil Court of the City of New York, Bronx County (Julia I. Rodriguez, J.), entered June 30, 2006, which granted defendants' motion for summary judgment dismissing the complaint.

PER CURIAM:

Order (Julia I. Rodriguez, J.), entered June 30, 2006, affirmed, with $10 costs.

Plaintiff's submissions were insufficient to raise a triable issue of fact as to whether his alleged injuries, even if assumed to have met the serious injury threshold (see Insurance Law §5102[d]), were caused by the underlying 2004 motor vehicle accident. The medical report relied upon by plaintiff failed to give any objective basis for the conclusion that plaintiff's alleged limitations resulted from the subject accident, rather than from the preexisting spinal degenerative condition identified by defendant's expert, and thus, was insufficient to defeat summary judgment (see Carter v. Full Service, Inc., 29 AD3d 342 [2006]; Jimenez v. Rojas, 26 AD3d 256 [2006]).

This Constitutes the Decision and Order of the Court. [*2]
Decision Date: April 5, 2007