Grullon v Rodriguez

[*1] Grullon v Rodriguez 2010 NY Slip Op 51919(U) [29 Misc 3d 132(A)] Decided on November 10, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 10, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ
570569/10.

Katherine Grullon, Plaintiff-Appellant,

against

Jackson Rodriguez, Defendant-Respondent.

Plaintiff appeals from an order of the Civil Court of the City of New York, Bronx County (Nelida Malave-Gonzalez, J.), entered March 31, 2010, which granted defendant's motion for summary judgment dismissing the complaint.

Per Curiam.

Order (Nelida Malave-Gonzalez, J.), entered March 31, 2010, affirmed, with $10 costs.

In opposition to defendant's prima facie showing of entitlement to judgment as a matter of law dismissing the complaint, plaintiff failed to raise a triable issue with respect to whether she sustained a serious injury within the meaning of Insurance Law § 5102(d). Plaintiff offered no objective medical findings contemporaneous with the motor vehicle accident supporting her claim of serious injury (see Valentin v Pomilla,59 AD3d 184 [2009]; Thompson v Abbasi, 15 AD3d 95 [2005]), and the unexplained gap of more than one month between the accident and the commencement of treatment interrupted any chain of causation (see Henry v Peguero,72 AD3d 600 [2010], appeal dismissed 15 NY3d 820 [2010]). Moreover, plaintiff failed to provide a reasonable explanation for the cessation of treatment three months after the accident (see Barner v Shahid,73 AD3d 593 [2010]; Cekic v Zapata,69 AD3d 464 [2010]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: November 10, 2010