Villanueva v Peralta

[*1] Villanueva v Peralta 2009 NY Slip Op 50570(U) [23 Misc 3d 127(A)] Decided on April 3, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 3, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570728/08.

Chaline Villanueva, Plaintiff-Respondent,

against

Manuel D. Peralta, Defendant-Appellant.

Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Nelida Malave-Gonzalez, J.), entered September 5, 2008, which denied his motion for summary judgment dismissing the complaint.

Per Curiam.

Order (Nelida Malave-Gonzalez, J.), entered September 5, 2008, affirmed, with $10 costs.

Defendant made a prima facie showing of entitlement to summary judgment by submitting the affirmed reports of experts who examined plaintiff and concluded that she did not suffer a permanent or significant injury as a result of the subject motor vehicle accident (see Insurance Law § 5102[d]); Day v Santos AD3d , 2009 NY Slip Op 00055 [2009]). However, plaintiff's submissions in opposition were sufficient to raise a triable issue as to whether she sustained a serious injury. Plaintiff's treating physician, who examined plaintiff as recently as March 2008, specified both quantitative and qualitative range of motion limitations in his affirmation, and concluded that plaintiff's symptoms and limitations were caused by the accident (see Rivera v Super Star Leasing, Inc., 57 AD3d 288 [2008]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: April 03, 2009