Johns v Osei

Plaintiffs appeal from an order of the Civil Court of the City of New York, Bronx County (Sharon A.M. Aarons, J.), entered August 1, 2008, which granted the motion of defendant Rodrigues for summary judgment dismissing the complaint.

Per Curiam.

Order (Sharon A.M. Aarons, J.), entered August 1, 2008, affirmed, with $10 costs.

Defendant Rodrigues made a prima facie showing of entitlement to summary judgment on the threshold serious injury issue (see Insurance Law § 5102[d]) through the affirmed reports of a neurologist and orthopedist, who found that the injured plaintiff had normal ranges of motion of the cervical and lumbar spine, and no permanent disability as a result of the 1997 motor vehicle accident (see Johnson v Paulino, 49 AD3d 379 [2008]). Plaintiff's failure, in opposition, to offer any explanation for her cessation of treatment for nearly eight years is fatal to her serious injury claim (see Rubensccastro v Alfaro, 29 AD3d 436 [2006]). The conclusory opinion of plaintiff's physician, offered for the first time in 2008, that plaintiff, during the "hiatus" in treatment, had "reached maximum medical improvement" was insufficient to explain the gap (see DeSouza v Hamilton, 55 AD3d 352 [2008]. Nor did plaintiff submit any competent medical evidence detailing material restrictions of "substantially all" of her usual daily activities in support of her "90/180 day" claim (see Uddin v Cooper, 32 AD3d 270 [2006], lv denied 8 NY3d 808 [2007]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. [*2]
Decision Date: August 24, 2009