Summary
finding that the defendant had shown a prima facie case that plaintiff did not suffer "serious injury" by submitting reports from, among others, its psychologist
Summary of this case from A.H. v. Precision Indus. Maint. Inc.Opinion
3482, 20765/13E.
03-23-2017
Meghan DZIUMA, Plaintiff–Appellant, v. JET TAXI, INC., Defendant–Respondent. Karim Ahmad, Defendant.
Alpert, Slobin & Rubenstein, LLP, Bronx (Morton Alpert of counsel), for appellant. Baker, McEvoy, Morrissey & Moskovits, P.C., Brooklyn (Robert D. Grace of counsel), for respondent.
Alpert, Slobin & Rubenstein, LLP, Bronx (Morton Alpert of counsel), for appellant.
Baker, McEvoy, Morrissey & Moskovits, P.C., Brooklyn (Robert D. Grace of counsel), for respondent.
TOM, J.P., FRIEDMAN, MAZZARELLI, KAPNICK, KAHN, JJ.
Order, Supreme Court, Bronx County (Lizbeth Gonzalez, J.), entered December 15, 2015, which granted defendant Jet Taxi's motion for summary judgment dismissing the complaint based on plaintiff's inability to establish a serious injury within the meaning of Insurance Law § 5102(d), unanimously affirmed, without costs.
Defendant made a prima facie showing that plaintiff did not suffer any serious injury through the affirmed report of its orthopedist, who found full range of motion in all affected body parts, its radiologist, who opined that the conditions shown in the spinal MRIs were degenerative and that there was no evidence of traumatic injury in the left shoulder, and its psychologist, who opined that plaintiff did "not present with any evidence for any psychological disability" due to the subject accident (see Mitrotti v. Elia, 91 A.D.3d 449, 449–450, 936 N.Y.S.2d 42 [1st Dept.2012] ).
In response, plaintiff failed to come forward with evidence to rebut defendant's showing, since she presented no medical evidence to substantiate her claims (see Windham v. New York City Tr. Auth., 115 A.D.3d 597, 599, 983 N.Y.S.2d 4 [1st Dept.2014] ; Turner v. Benycol Transp. Corp., 78 A.D.3d 506, 507, 911 N.Y.S.2d 51 [1st Dept.2010] ).
Defendant established prima facie that plaintiff did not sustain a 90/180–day injury by submitting her deposition testimony showing that she was not confined to home or bed for longer than about five weeks (see Komina v. Gil, 107 A.D.3d 596, 597, 968 N.Y.S.2d 457 [1st Dept.2013] ).