Opinion
570673/07.
Decided March 7, 2008.
Plaintiff appeals from an order of the Civil Court, Bronx County (Lizbeth Gonzalez, J.), dated August 31, 2006, which granted defendants' motion for summary judgment dismissing the complaint.
Order (Lizbeth Gonzalez, J.), dated August 31, 2006, affirmed, with $10 costs.
PRESENT: DAVIS, J.P., SCHOENFELD, HEITLER, JJ.
Defendants established prima facie entitlement to summary judgment on the threshold serious injury issue ( see Insurance Law § 5102[d]) by offering the reports of medical experts who, after examining plaintiff and reviewing medical records, opined that plaintiff's injuries, if any, were from pre-existing or degenerative conditions and were not traumatic in origin ( see Mullings v Huntwork, 26 AD3d 214). The only medical evidence presented by plaintiff in opposition was the affirmed report of a doctor who first saw plaintiff 15 months after the accident. In the absence of any contemporaneous quantitative assessment of range of motion limitations or a detailed explanation for their omission, the doctor's opinion based on his belated findings was too remote from the accident to be probative as to causation ( see Guadalupe v Blondie, 43 AD3d 669; Lopez v Simpson, 39 AD3d 420). Plaintiff's doctor also failed to address the conclusion of defendants' experts that plaintiff's headaches and visual complaints were caused by preexisting conditions unrelated to the accident.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.