Opinion
15694 Index No. 26237/17 Case No. 2021–00321
04-12-2022
Chizorom UBOZOH, Plaintiff–Respondent, v. Bruce Mark MUELLER, et al., Defendants–Appellants, Garcia Delacruz, et al., Defendants.
Carman, Callahan & Ingham, LLP, Farmingdale (Lauren M. Mazzara of counsel), for Bruce Mark Mueller, appellant. Milber Makris Plousadis & Seiden, LLP, Woodbury (Sarah M. Ziolkowski of counsel), for Trevor M. John, appellant.
Carman, Callahan & Ingham, LLP, Farmingdale (Lauren M. Mazzara of counsel), for Bruce Mark Mueller, appellant.
Milber Makris Plousadis & Seiden, LLP, Woodbury (Sarah M. Ziolkowski of counsel), for Trevor M. John, appellant.
Renwick, J.P., Friedman, Moulton, Mendez, Pitt, JJ.
Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered on or about August 27, 2020, which denied defendants Bruce Mark Mueller and Trevor M. John's motions for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motions granted. The Clerk is directed to enter judgment accordingly.
Upon plaintiff's failure to comply with the portion of a self-executing preclusion order directing her to provide defendants with a bill of particulars and HIPAA-compliant medical authorizations within a specified time, the order became absolute and precluded plaintiff from offering evidence as to any of her alleged injuries or other damages (see Gibbs v. St. Barnabas Hosp., 16 N.Y.3d 74, 82, 917 N.Y.S.2d 68, 942 N.E.2d 277 [2010] ; Casas v. Consolidated Edison Co. of N.Y., Inc., 116 A.D.3d 648, 648, 987 N.Y.S.2d 15 [1st Dept. 2014] ). Since plaintiff cannot offer medical evidence of her alleged injuries, she will not be able to meet her threshold burden of showing that she sustained a serious injury as a result of the motor vehicle accident, as required under Insurance Law § 5102(d) (see Licari v. Elliott, 57 N.Y.2d 230, 237–238, 455 N.Y.S.2d 570, 441 N.E.2d 1088 [1982] ). As a result, plaintiff will not be able to make a prima facie case, and the complaint should be dismissed in its entirety (see Diaz v. Maygina Realty LLC, 181 A.D.3d 478, 479, 117 N.Y.S.3d 848 [1st Dept. 2020] ; Henry v. Lenox Hill Hosp., 159 A.D.3d 494, 495, 73 N.Y.S.3d 147 [1st Dept. 2018] ; see also Vecchiano v. Greyhound Lines, Inc., 135 A.D.2d 708, 708, 522 N.Y.S.2d 608 [2d Dept. 1987], lv denied 71 N.Y.2d 803, 527 N.Y.S.2d 769, 522 N.E.2d 1067 [1988] ).