Opinion
2002-11138
Submitted October 8, 2003.
November 10, 2003.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Cozzens, J.), dated October 9, 2002, which granted the defendant's motion for summary judgment dismissing the complaint on the ground that he did not sustain a serious injury within the meaning of Insurance Law § 5102(d).
Harmon, Linder Rogowsky, New York, N.Y. (Jenna Anderson and Mitchell Dranow of counsel), for appellant.
Cartiglia, Connolly Russo, Mineola, N.Y. (Lynne M. Nolan of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, SANDRA L. TOWNES, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint. The defendant established a prima facie case that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d) ( see Toure v. Avis Rent A Car Sys., 98 N.Y.2d 345; Gaddy v. Eyler, 79 N.Y.2d 955). In opposition, the plaintiff failed to submit any admissible medical proof that was contemporaneous with the accident showing any initial range of motion restrictions in his spine ( see Ifrach v. Neiman, 306 A.D.2d 380; Pajda v. Pedone, 303 A.D.2d 729; Lanza v. Carlick, 279 A.D.2d 613, 614). Furthermore, the plaintiff did not submit any admissible medical evidence as to the nature and extent of any treatment between the time of the accident and the final examination two years and nine months thereafter ( see Crespo v. Kramer, 295 A.D.2d 467; Mejia v. Thom, 280 A.D.2d 528; Goldin v. Lee, 275 A.D.2d 341).
FLORIO, J.P., KRAUSMAN, LUCIANO, TOWNES and RIVERA, JJ., concur.