Opinion
570340/03.
Decided March 19, 2004.
Defendant appeals from an order of the Civil Court, Bronx County, entered January 9, 2003 (Francis M. Alessandro, J.) denying his motion for summary judgment dismissing the personal injury complaint on the ground that plaintiff did not sustain a "serious injury" within the meaning of Insurance Law § 5102(d).
Order entered January 9, 2003 (Francis M. Alessandro, J.) reversed, with $10 costs, defendant's motion for summary judgment is granted and the complaint is dismissed.
PRESENT: HON. WILLIAM J. DAVIS, J.P. HON. PHYLLIS GANGEL-JACOB HON. MARTIN SCHOENFELD, Justices.
Defendant's evidence, showing plaintiff had virtually normal test results, underwent only a short course of treatment, served on active duty in the United States Army after the accident, and had been involved in several other collisions, met his burden of demonstrating that plaintiff did not sustain a "serious injury" (Insurance Law § 5102[d]) in the subject motor vehicle accident.
Plaintiff's doctor's affirmation was insufficient to defeat summary judgment, as it was made after a seven year gap in treatment and failed to address plaintiff's involvement in one prior and two subsequent accidents for which she received medical attention (see, Franchini v. Palmieri, 1 NY3d 536; Finkelshteyn v. Harris, 280 AD2d 579; Eisen v. Walter and Samuels, 215 AD2d 149). Under the circumstances of this case, plaintiff's submission did not raise a triable issue of fact that she sustained a serious injury in this automobile accident.
This constitutes the decision and order of the court.