Opinion
570540/08.
Decided January 29, 2009.
Order (Nelida Malave-Gonzalez, J.), entered May 23, 2007, affirmed, with $10 costs.
Plaintiff appeals from an order of the Civil Court of the City of New York, Bronx County (Nelida Malave-Gonzalez, J.), entered May 23, 2007, which granted defendants' motion for summary judgment dismissing the complaint.
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ.
Defendants' submissions included medical reports and plaintiff's deposition testimony concerning two prior motor vehicle accidents in which plaintiff sustained similar injuries, as well as the medical report of an orthopedist who concluded that the abnormalities shown on plaintiff's MRI studies predated the 2002 vehicular accident giving rise to this litigation. These submissions were sufficient to establish defendant's prima facie showing of entitlement to judgment as a matter of law ( see Brewster v FTM Servo, Corp., 44 AD3d 351). Plaintiff, in opposition, failed to present proof adequate to raise an issue of fact as to causation. Plaintiff's doctor failed to adequately address her preexisting injuries and provided no foundation or objective medical basis for the conclusion that plaintiff's injuries were caused by the accident ( see Franchini v Palmieri, 1 NY3d 536; Style v Joseph, 32 AD3d 212).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.