Opinion
570492/05.
Decided January 20, 2006.
Plaintiff appeals from an order of the Civil Court, New York County (Arthur F. Engoron, J.), entered July 1, 2004, which granted defendant's motion for summary judgment dismissing the complaint.
Order (Arthur F. Engoron, J.), entered July 1, 2004, affirmed, with $10 costs.
PRESENT: Suarez, P.J., McCooe, Schoenfeld, JJ
Defendant established a prima facie entitlement to summary judgment by submitting evidence demonstrating that plaintiff did not suffer a serious injury (Insurance Law § 5102[d]). Specifically, defendant submitted the affirmed reports of examining medical doctors, who opined that plaintiff sustained sprains and strains in the motor vehicle accident, and attributed plaintiff's ongoing complaints to unrelated medical conditions. In opposition, plaintiff failed to meet his consequent burden. His doctor did not account for prior and subsequent injury producing accidents, and did not address the opinion of defendant's experts that plaintiff's symptoms were non-traumatic in origin. No contemporaneous records of testing and treatment were submitted. Under these circumstances, the conclusions set forth by plaintiff's doctor as to causation and permanence can only be viewed as speculative ( see Montgomery v. Pena, 19 AD3d 288).
This constitutes the decision and order of the court.