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Edgecomb v. Ixat Transit, Inc.

Appellate Division of the Supreme Court of New York, First Department
Nov 13, 2007
45 A.D.3d 360 (N.Y. App. Div. 2007)

Opinion

No. 1983, 102262/03.

November 13, 2007.

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered April 4, 2006, which, insofar as appealed from as limited by the briefs, granted defendants' motions for summary judgment dismissing the complaint for lack of a serious injury, unanimously affirmed, without costs.

The Law Firm of Steven J. Mandel, P.C., New York (James Nemia of counsel), for appellant.

The Sullivan Law Firm, New York (Timothy M. Sullivan of counsel), for Sisters Transit, Inc. and Traore Kassoum, respondents.

Before: Saxe, J.P., Friedman, Sweeny, McGuire and Malone, JJ.


Plaintiff's claims of permanent and significant injuries were properly rejected where, in opposition to defendants' prima facie showing of no such injuries, plaintiff offered no explanation why she did not seek any treatment starting nine months after the accident ( see Pommells v Perez, 4 NY3d 566, 574 [2005]). Plaintiffs claim of a 90/180-day injury was properly rejected for lack of evidence showing that the injuries she sustained were serious enough to keep her from working out of her home as she had been at the time of the accident.


Summaries of

Edgecomb v. Ixat Transit, Inc.

Appellate Division of the Supreme Court of New York, First Department
Nov 13, 2007
45 A.D.3d 360 (N.Y. App. Div. 2007)
Case details for

Edgecomb v. Ixat Transit, Inc.

Case Details

Full title:BERYL EDGECOMB, Appellant, v. IXAT TRANSIT, INC., et al., Respondents

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

Date published: Nov 13, 2007

Citations

45 A.D.3d 360 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 8763
846 N.Y.S.2d 20