Prince v Lourdes

[*1] Prince v Lourdes 2007 NY Slip Op 51107(U) [15 Misc 3d 143(A)] Decided on May 31, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 31, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, P.J., McCOOE, DAVIS, JJ
570164/07.

Wavern Prince, Plaintiff-Respondent, - -

against

Michelina Lourdes, Defendant-Appellant, - and - Gladys Samuel and Robert Dawson, Defendants.

Defendant Lourdes, as limited by her brief, appeals from so much of an order of the Civil Court of the City of New York, Bronx County (Raul Cruz, J.), entered January 24, 2007, as denied her motion for summary judgment dismissing the complaint.

Per Curiam.
Order (Raul Cruz, J.), entered January 24, 2007, to the extent appealed from, reversed, without costs, motion granted and complaint dismissed as against defendant Lourdes. The Clerk is directed to enter judgment accordingly.

Plaintiff's evidentiary submissions were insufficient to rebut defendant Lourdes' prima facie showing of entitlement to summary judgment on the threshold serious injury issue (see Insurance Law § 5102[d]). The reports of plaintiff's physicians failed to address defendant's medical showing that plaintiff had a preexisting spinal condition unrelated to the underlying motor vehicle accident (see e.g. Mullings v. Huntwork, 26 AD3d 214 [2006]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 31, 2007