Opinion
570682/07.
Decided July 21, 2008.
Defendant Sanchez-Flete appeals from an order of the Civil Court of the City of New York, Bronx County (Sharon Aarons, J.), entered May 1, 2007, which denied his motion for summary judgment dismissing the complaint.
PRESENT: DAVIS, J.P., SCHOENFELD, HEITLER, JJ.
Order (Sharon Aarons, J.), entered May 1, 2007, reversed, with $10 costs, motion granted, and complaint dismissed against defendant Sanchez-Flete. The Clerk is directed to enter judgment accordingly.
Defendant-appellant established prima facie entitlement to summary judgment by submitting the affirmed reports of medical experts who examined plaintiffs, found normal ranges of spinal motion, and concluded that both plaintiffs had recovered from sprain and strain injuries. Defendant also submitted the report of a radiologist who opined that plaintiff Williams' MRI films revealed widespread preexisting degenerative disease. In opposition, plaintiffs failed to raise triable issues of fact that they sustained serious injury. Plaintiff Williams did not address defendant's showing of a preexisting condition, and thus failed to raise a triable issue as to causation ( see Pommells v Perez, 4 NY3d 566, 588; Mullings v Huntwork , 26 AD3d 214). Plaintiff Lewis failed to rebut defendant's showing that she did not sustain serious injury, as her own doctors' reports show that her condition rapidly improved after the October 2005 vehicular accident. The January 2007 findings of limitations and loss of motor power were refuted by prior medical reports showing that plaintiff Lewis had only a minor (10 degree) limitation in lumbar extension as of February 2006 and full power and no limitations as of April 2006 ( see Catanzaro v Mei, 11 AD3d 500).
Plaintiffs also failed to submit any competent medical evidence to support a claim that they were unable to perform substantially all their daily activities for not less than 90 days during the 180 days immediately following the accident.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.