Opinion
570368/08.
Decided July 14, 2009.
Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Fernando Tapia, J.), entered April 10, 2008, which denied her motion for summary judgment dismissing the complaint.
Order (Fernando Tapia, J.), entered April 10, 2008, reversed, with $10 costs, motion granted and complaint dismissed. The Clerk is directed to enter judgment accordingly.
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ.
Defendant's medical and other evidence in support of her motion for summary judgment established, prima facie, that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d). In opposition, plaintiff failed to raise a triable issue. Plaintiff's opposing papers did not document any recent examination evidencing the persistence and permanence of the infant plaintiff's alleged injuries ( see Pulgram v Reisner , 44 AD3d 503), and failed to explain the cessation of treatment ( see Pommells v Perez, 4 NY3d 566, 574; Brown v City of New York , 29 AD3d 447). Nor does the record disclose the existence of a triable issue as to whether the infant plaintiff, who missed no time at school as a result of the accident, was prevented from performing substantially all of her usual and customary activities for at least 90 of the 180 days following the accident ( see Zamore v Peralta , 50 AD3d 423, lv denied 10 NY3d 716).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.