Opinion
Submitted January 24, 2001
February 20, 2001.
In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Westchester County (Fredman, J.), entered April 14, 2000, which denied his motion for summary judgment dismissing the complaint.
Wilson, Bave, Conboy, Cozza Couzens, P.C., White Plains, N Y (Alexandra C. Karamitsos of counsel), for appellant.
Litman Litman, P.C., New York, N.Y. (Jeffrey E. Litman of counsel), for respondents.
Before: SANTUCCI, J.P., ALTMAN, LUCIANO and H. MILLER, JJ., concur.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The defendant established a prima facie case that the infant plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d) (see, Gaddy v. Eyler, 79 N.Y.2d 955).
The medical affidavit prepared by the infant plaintiff's examining orthopedist in opposition to the motion failed to raise a triable issue of fact as to whether the infant plaintiff sustained a serious injury. The examining orthopedist failed to explain the nature of the infant plaintiff's medical treatment, and did not explain the 4 1/2-year gap between the infant plaintiff`s initial treatments by a neurologist and her visit to the examining orthopedist (see, Goldin v. Lee, 275 A.D.2d 341; Smith v. Askew, 264 A.D.2d 834; Decayette v. Kreger Truck Renting, 260 A.D.2d 342; Williams v. Ciaramella, 250 A.D.2d 763).