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Clark v. Dross

Appellate Term of the Supreme Court of New York, First Department
Dec 19, 2005
2005 N.Y. Slip Op. 52064 (N.Y. App. Term 2005)

Opinion

570661/05.

Decided December 19, 2005.

Plaintiff Fina K. Syed appeals that portion of an order of the Civil Court, Bronx County (Howard H. Sherman, J.), entered December 15, 2004, which granted defendant's motion for summary judgment dismissing the complaint.

Order (Howard H. Sherman, J.), entered December 14, 2004 affirmed, with $10 costs.

PRESENT: McCooe, J.P., Davis, Gangel-Jacob, JJ


Plaintiff's submissions in opposition to defendant's motion for summary judgment were insufficient to raise a triable issue of fact as to whether she suffered permanent consequential limitation of use of a body organ or member, significant limitation of use of a body function or system, or impairment in her daily activities for 90 of the 180 days immediately following the vehicular accident (Insurance Law § 5102[d]). The affirmation of plaintiff's examining physician failed to present any objective evidence to support the physician's conclusions ( see Oribamie v. Santiago, 12 AD3d 250). X-rays and a CT scan showed no injury to plaintiff, and there was a lack of proof of any treatment whatsoever for any injuries allegedly connected with this accident ( see Bent v. Jackson, 15 AD3d 46; Thompson v. Abbasi, 15 AD3d 95). Plaintiff's self-serving affidavit claiming a complete inability to work after the accident did not suffice to raise a triable issue of fact as to whether she was or is incapacitated as required by the statute ( see Cassese v. Leister, 291 AD2d 350; Sigona v. N.Y. City Transit Auth., 255 AD2d 231).

This constitutes the decision and order of the court.


Summaries of

Clark v. Dross

Appellate Term of the Supreme Court of New York, First Department
Dec 19, 2005
2005 N.Y. Slip Op. 52064 (N.Y. App. Term 2005)
Case details for

Clark v. Dross

Case Details

Full title:ULAN CLARK and ESTHER HENRY, Plaintiff, v. RALEIGH DROSS, Defendant. FINA…

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

Date published: Dec 19, 2005

Citations

2005 N.Y. Slip Op. 52064 (N.Y. App. Term 2005)
814 N.Y.S.2d 560