Opinion
570569/10.
Decided November 10, 2010.
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.
PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ.
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; Thompson v Abbasi, 15 AD3d 95), 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, appeal dismissed 15 NY3d 820). 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; Cekic v Zapata, 69 AD3d 464).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.