Opinion
570136/05, 05-090.
Decided November 23, 2005.
Defendants appeal from an order of Civil Court, Bronx County (Francis M. Alessandro, J.), dated July 7, 2004, which denied their motion for summary judgment dismissing the complaint.
Order (Francis M. Alessandro, J.), dated July 7, 2004, reversed, with $10 costs, defendants' motion granted, and the complaint dismissed. The Clerk is directed to enter judgment accordingly.
PRESENT: McCooe, J.P., Gangel-Jacob, Schoenfeld, JJ.
Plaintiff's contention that he suffered a "serious injury" (Insurance Law § 5102[d]) is undermined by a dearth of competent evidence regarding the injury and treatment at the time of the accident and thereafter. There are no statements in the record from any treating physician ( see Beaubrun v. New York City Tr. Auth., 9 AD3d 258). Although plaintiff underwent physical therapy for a month before returning to work, there is no competent medical evidence detailing the course of this therapy, its necessity or its outcome ( see Bent v. Jackson, 15 AD3d 46; Thompson v. Abbasi, 15 AD3d 95). Despite a positive MRI test in 1994, plaintiff was not diagnosed with ligament injury in his left knee until 2004, 11 years after the accident ( see Shinn v. Catanzaro, 1 AD3d 195). These circumstances render plaintiff's expert's opinions as to causation, significance and permanence conclusory and inadequate to raise a triable issue sufficient to defeat summary judgment ( id.; see also Arjona v. Calcano, 7 AD3d 279).
This constitutes the decision and order of the Court.