Collins v Morales

[*1] Collins v Morales 2008 NY Slip Op 51921(U) [21 Misc 3d 127(A)] Decided on September 23, 2008 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 September 23, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, P.J., SCHOENFELD, HEITLER, JJ
570156/08.

Shirley Collins, Plaintiff-Appellant,

against

Isabel Morales, Alejandro Mejia and Orlando A. Santana, Defendants-Respondents.

Plaintiff appeals from an order of the Civil Court of the City of New York, Bronx County (Howard H. Sherman, J.), entered February 4, 2005, which granted defendants' respective cross motions for summary judgment dismissing the complaint.

Per Curiam.

Order (Howard H. Sherman, J.), entered February 4, 2005, affirmed, with $10 costs, for the reasons stated by Howard H. Sherman, J. at Civil Court.

We agree that the failure of plaintiff's doctor to adequately explain the basis for his conclusion that plaintiff's injuries were caused by the accident rather than by other causes evidenced in the record rendered his opinion speculative and insufficient to raise a triable issue as to serious injury (see Insurance Law §5102[d]; Lunkins v Toure, 50 AD3d 399 [2008]; Diaz v Anasco, 38 AD3d 295 [2007]; Style v Joseph, 32 AD3d 212 [2006]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: September 23, 2008