Opinion
570481/07.
Decided March 7, 2008.
Defendants appeal from an order of the Civil Court of the City of New York, Bronx County (Julia I. Rodriguez, J.), entered June 4, 2007, which denied their motion for summary judgment dismissing the complaint, and granted plaintiff's cross motion for partial summary judgment on liability.
Order (Julia I. Rodriguez, J.), entered June 4, 2007, reversed, plaintiff's cross motion denied, and defendants' motion for summary judgment dismissing the complaint granted. The Clerk is directed to enter judgment accordingly.
PRESENT: DAVIS, J.P., SCHOENFELD, HEITLER, JJ.
Defendants satisfied their initial burden of demonstrating that plaintiff did not sustain a serious injury ( see Insurance Law § 5102[d]) as a result of the underlying 2001 motor vehicle accident, with the affirmed reports of medical experts who concluded that plaintiff has normal ranges of motion and suffers from no accident-related disability ( see Taylor v Terrigno , 27 AD3d 316 ).
In opposition, plaintiff failed to raise an issue of fact. Although plaintiff's MRI testing revealed positive findings, her doctors neither quantified any restrictions of motion nor offered a qualitative assessment of plaintiff's limitations ( see Milazzo v Gesner , 33 AD3d 317 ). Moreover, plaintiff's failure to seek medical attention for her claimed injuries for nearly five years after the cessation of physical therapy in 2002 seriously undermines her claim ( see Pommells v Perez, 4 NY3d 566; Gonzalez v Beale , 37 AD3d 278).
Although defendants' experts did not address plaintiff's condition in the near aftermath of the 2001 accident, the necessary showing that plaintiff did not sustain an injury in the 90/180 day category was made by plaintiff's own deposition testimony wherein she alleged that she missed no more than five days of work (non-consecutively), and by a record otherwise devoid of contemporaneous evidence tending to show such an injury ( see Norona v MABSTOA, 40 AD3d 480; Alexander v Garcia , 40 AD3d 274; Lopez v Simpson , 39 AD3d 420 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.