Opinion
2003-499 Q C.
Decided November 21, 2003.
Appeal by defendant from an order of the Civil Court, Queens County (E. Walker, J.), dated January 30, 2003, which denied his motion for summary judgment against both plaintiffs.
Order unanimously reversed without costs, defendant's motion for summary judgment granted and complaint dismissed as to both plaintiffs.
PRESENT: PESCE, P.J., PATTERSON and RIOS, JJ.
The affirmed medical reports submitted by the defendant made out a prima facie case that the plaintiffs did not sustain a serious injury pursuant to Insurance Law § 5102 (d). The doctor who examined plaintiff Amanda Escamilla stated that she had resolved soft tissue injuries. The doctor who examined plaintiff Jared S. Jenkins stated that he found no evidence of a causally related injury. This shifted the burden to the plaintiffs to raise a triable issue of fact that they sustained a serious injury ( Gaddy v. Eyler, 79 NY2d 955).
The plaintiffs' opposition was insufficient to raise a triable issue of fact. Although plaintiffs' chiropractor submitted affidavits specifying the degree to which each plaintiff's movements were restricted, the opinions contained therein concerning plaintiffs' injuries were based upon examinations conducted eight years earlier and only four days after the accident ( Zuckerman v. Karagiozi, 247 AD2d 536). Thus, there was insufficient proof of the duration of the alleged impairment ( Beckett v. Conte, 176 AD2d 774).