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Berggran v. Temlock

Appellate Term of the Supreme Court of New York, First Department
May 31, 2006
2006 N.Y. Slip Op. 51007 (N.Y. App. Term 2006)

Opinion

570174/05.

Decided May 31, 2006.

Plaintiff, as limited by her brief, appeals from that portion of an order of the Civil Court, Bronx County (Raul Cruz, J.), entered May 31, 2005, which, upon renewal, adhered to its prior decision granting defendant's motion for summary judgment dismissing the complaint.

Order (Raul Cruz, J.), entered May 31, 2005, affirmed, with $10 costs.

PRESENT: DAVIS, J.P., GANGEL-JACOB, J.


Plaintiff's renewal papers, even if properly considered ( cf. Star v. Badillo, 225 AD2d 610), were insufficient to raise a triable issue on the threshold issue of serious injury (Insurance Law § 5102 [d]). Plaintiff's newly submitted medical proof, derived from examinations and testing undertaken approximately six years after the motor vehicle accident giving rise to this action, lacked any "admissible contraporaneous evidence of a serious injury" (Toulson v. Young Han Pae, 13 AD3d 317, 319).

This constitutes the decision and order of the court.


Summaries of

Berggran v. Temlock

Appellate Term of the Supreme Court of New York, First Department
May 31, 2006
2006 N.Y. Slip Op. 51007 (N.Y. App. Term 2006)
Case details for

Berggran v. Temlock

Case Details

Full title:ELIZABETH BERGGRAN, Plaintiff-Appellant, v. CAROLINE R. TEMLOCK…

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: May 31, 2006

Citations

2006 N.Y. Slip Op. 51007 (N.Y. App. Term 2006)