Opinion
570020/05.
Decided April 8, 2005.
Plaintiffs, as limited by their briefs, appeal from that portion of an order of the Civil Court of the City of New York, Bronx County, entered February 23, 2004 (Raul Cruz, J.) which granted defendants' motion for summary judgment dismissing the complaint of plaintiff Emilin Rivera.
Order entered February 23, 2004 (Raul Cruz, J.) affirmed, with $10 costs.
PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM P. McCOOE, HON. MARTIN SCHOENFELD, Justices.
Defendants met their initial burden of establishing that the infant plaintiff did not sustain a "serious injury" (Insurance Law § 5102[d]) by providing the requisite qualitative assessment of plaintiff's condition based on objective findings ( see Toure v. Avis Rent A Car Sys., 98 NY2d 345, 350-351), and plaintiff's submissions failed to raise an issue of fact. Absent from the record is any competent evidence demonstrating that plaintiff sustained a serious injury — emotional or otherwise — in 1999, when the vehicular accident occurred ( see Pommells v. Perez, 4 AD3d 101). The affirmation of a non-treating physician based upon his first and only examination of plaintiff nearly four years after the accident, attributing alleged "changes in personality and behavioral disorders" to the accident on the basis of the doctor's review of medical records not made part of the record, was insufficient to defeat summary judgment ( see Bissonette v. Compo, 307 AD2d 673, 674; see also Chen v. Marc, 10 AD3d 295).
This constitutes the decision and order of the Court.