Milder v DSJS, Inc.

[*1] Milder v DSJS, Inc. 2007 NY Slip Op 51876(U) [17 Misc 3d 127(A)] Decided on October 4, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 October 4, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McCOOE, P.J., SCHOENFELD, HEITLER, JJ
570292/07.

Jay Milder, Plaintiff-Appellant,

against

DSJS, Inc., Claudine A. Small, Motor's Taxi Inc. and Ekow A. Micah, Defendants-Respondents.

Plaintiff appeals from an order of the Civil Court of the City of New York, Bronx County (Julia I. Rodriguez, J.), entered September 19, 2006, which granted defendants' motion and cross-motion for summary judgment dismissing the complaint.

Per Curiam:
Order (Julia I. Rodriguez, J.), entered September 19, 2006, affirmed, with $10 costs.

Defendants established a prima facie entitlement to summary judgment on the threshold "serious injury" issue (Insurance Law §5102[d]), by submitting, inter alia, medical reports of a radiologist and orthopedist who concluded, after examining plaintiff and/or reviewing his medical records, that plaintiff's injuries, if any, were preexisting or degenerative in origin. In opposition, plaintiff failed to come forward with objective proof sufficient to raise a triable issue as to whether his injuries were caused by the subject motor vehicle accident and not other causes evidenced in the record (see Pommells v Perez, 4 NY3d 566, 580 [2005]; Mullings v Huntwork, 26 AD3d 214 [2006]). Nor did plaintiff's submissions raise a triable issue of fact as to his 90/180-day claim (see Thompson v Abbasi, 15 AD3d 95, 100 [2005]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 4, 2007