Edgecomb v Ixat Tr., Inc.

Edgecomb v Ixat Tr., Inc. 2007 NY Slip Op 08763 [45 AD3d 360] November 13, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 16, 2008

Beryl Edgecomb, Appellant,
v
Ixat Transit, Inc., et al., Respondents.

—[*1] The Law Firm of Steven J. Mandel, P.C., New York City (James Nemia of counsel), for appellant.

The Sullivan Law Firm, New York City (Timothy M. Sullivan of counsel), for Sisters Transit, Inc. and Traore Kassoum, respondents.

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered April 4, 2006, which, insofar as appealed from as limited by the briefs, granted defendants' motions for summary judgment dismissing the complaint for lack of a serious injury, unanimously affirmed, without costs.

Plaintiff's claims of permanent and significant injuries were properly rejected where, in opposition to defendants' prima facie showing of no such injuries, plaintiff offered no explanation why she did not seek any treatment starting nine months after the accident (see Pommells v Perez, 4 NY3d 566, 574 [2005]). Plaintiff's claim of a 90/180-day injury was properly rejected for lack of evidence showing that the injuries she sustained were serious enough to keep her from working out of her home as she had been at the time of the accident. Concur—Saxe, J.P., Friedman, Sweeny, McGuire and Malone, JJ.