Opinion
570694/11
01-12-2012
Julio Beltre and Jeffrey Lopez, Plaintiffs-Respondents, v. Masqurul Haque, Defendant-Respondent, - and - Ramon Antonio Urena and Mario & Cabrera Corp., Defendants-Appellants.
PRESENT: , III, P.J., Schoenfeld, Hunter, Jr., JJ
Defendants Ramon Antonio Urena and Mario & Cabrera Corp. appeal from an order of the Civil Court of the City of New York, Bronx County (Donald A. Miles, J.), dated June 13, 2011, which denied their motion for summary judgment dismissing the complaint.
Per Curiam.
Order (Donald A. Miles, J.), dated June 13, 2011, reversed, with $10 costs, motion granted, complaint dismissed as against defendants-appellants and, upon a search of the record, as against defendant Masqurul Haque. The Clerk is directed to enter judgment accordingly.
In opposition to defendants' prima facie showing that plaintiffs did not sustain a "serious injury" (Insurance Law § 5102[d]), plaintiffs failed to raise a triable issue of fact. Plaintiffs' opposing papers did not document any recent examinations to evidence the significance and permanence of their alleged injuries, and left unrebutted the findings of defendants' expert of full ranges of motion long after plaintiffs' treating doctor's examinations (see Shu Chi Lam v Wang Dong, 84 AD3d 515, 516 [2011]; Townes v Harlem Group, Inc., 82 AD3d 583, 584 [2011]). Further, neither plaintiffs' joint bill of particulars nor their deposition testimony was sufficient to sustain a claim under the 90/180-day serious injury category (see Perez v Corr, 84 AD3d 646, 647 [2011]).
Although defendant Masqurul Haque did not file a notice of appeal from the denial of his cross motion for summary judgment, we search the record (see CPLR 3212[b]), and grant him summary judgment, since plaintiff cannot meet the threshold for serious injury (see Santiago v Bhuiyan, 71 AD3d 485, 486 [2010]; Lopez v Simpson, 39 AD3d 420, 421 [2007]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.