Opinion
570376/08.
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.
The failure of plaintiff Carty or her physicians to address or explain the gap in treatment is fatal to said plaintiff's serious injury claims under the "significant limitation" and "permanent consequential limitation" categories of Insurance Law § 5102(d) ( see Rubensccastro v Alfaro, 29 AD3d 436; Vasquez v Reluzco, 28 AD3d 365). Moreover, in the absence of objective findings of limitation of motion contemporaneous with the vehicular accident, plaintiff Carty failed to raise a triable issue with respect to her 90/180-day claim ( see Brantley v New York City Metro. Tr. Auth., 48 AD3d 313).
The infant plaintiff's submission was similarly deficient since it lacked any medical evidence to controvert the report of defendant's medical expert that the infant plaintiff had no residual or permanent injury as a result of the accident.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.