Opinion
570222/07.
Decided on January 23, 2008.
Plaintiff appeals from an order of the Civil Court of the City of New York, Bronx County (Julia I. Rodriguez, J.), entered March 17, 2005, which granted defendants' motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment.
McKEON, P.J., DAVIS, HEITLER, JJ.
Order (Julia I. Rodriguez, J.), entered March 17, 2005, affirmed, with $10 costs.
Defendants made a prima facie showing that plaintiff did not sustain a serious injury by submitting (1) the affirmations of two medical experts who examined plaintiff, reviewed reports of diagnostic imaging, and concluded that the injuries complained of were the result of preexisting degenerative spinal disease, and (2) a record devoid of evidence that plaintiff was prevented from performing "substantially all" of his customary daily activities during the 90/180 day period after the accident ( see Norona v Manhattan Bronx Surface Tr. Operating Auth., 40 AD3d 480; Uddin v Cooper, 32 AD3d 270). In opposition, plaintiff's submission failed to provide an objective, quantified assessment of his condition in the aftermath of the motor vehicle accident ( see Toulson v Young Han Pae, 13 AD3d 317) or to address defendant's showing that plaintiff had a preexisting degenerative condition unrelated to the accident ( see Otero v 971 Only U, Inc., 36 AD3d 430).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.