Opinion
570685/07.
Decided July 22, 2008.
Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Sharon Aarons, J.), entered May 21, 2007, which denied his motion for summary judgment dismissing the complaint.
Order (Sharon Aarons, J.), entered May 21, 2007, reversed, with $10 costs, motion granted, and complaint dismissed. The Clerk is directed to enter judgment accordingly.
PRESENT: DAVIS, J.P., SCHOENFELD, HEITLER, JJ.
Defendant established prima facie entitlement to summary judgment on the threshold serious injury question ( see Insurance Law § 5102[d]) by submitting expert medical affirmations quantifying normal ranges of motion for both plaintiffs, and concluding that plaintiffs were neurologically normal and had recovered from sprain and strain type injuries ( see Thompson v Abbasi, 15 AD3d 95). In opposition, plaintiffs failed to raise a triable issue. Plaintiffs' treating doctor failed to offer an adequate explanation for his conclusion that plaintiffs' injuries were caused by the motor vehicle accident as opposed to the longstanding degenerative disc disease revealed in plaintiffs' MRI reports ( see Becerril v Sol Cab Corp., 50 AD3d 261; Johnson v Paulino, 49 AD3d 379).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.