Opinion
570832/07.
Decided March 24, 2008.
Plaintiff appeals from an order of the Civil Court of the City of New York, Bronx County (Ben R. Barbato, J.), entered July 11, 2006, which granted defendants' cross motions for summary judgment dismissing the complaint.
PRESENT: DAVIS, J.P., SCHOENFELD, HEITLER, JJ.
Order (Ben R. Barbato, J.), entered July 11, 2006, affirmed, with $10 costs.
In opposition to defendants' prima facie showing of entitlement to judgment, plaintiff failed to raise a triable issue as to whether she sustained a serious injury within the meaning of Insurance Law § 5102(d). While plaintiff submitted evidence of a herniated disc, she failed to submit the requisite contemporaneous quantitative assessment of range-of-motion limitations based on objective testing ( see Atkinson v. Oliver, 36 AD3d 552; Toulson v. Young Han Pae, 13 AD3d 317). The range-of-motion assessment submitted by plaintiff was made more than three years after the vehicular accident, too remote in time to raise an issue of fact as to causation ( see Lopez v. Simpson, 39 AD3d 420; Atkinson v. Oliver, supra). Nor did plaintiff raise a triable issue as to whether she was prevented from performing substantially all of her usual and customary activities for at least 90 of the first 180 days after the accident.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.