Opinion
June 20, 1994
Appeal from the Supreme Court, Kings County (Golden, J.).
Ordered that the order is reversed insofar as appealed from, on the law, the motions are granted, and the complaint is dismissed; and it is further,
Ordered that the appellants appearing separately and filing separate briefs are awarded one bill of costs.
The defendants made a prima facie showing that the plaintiff did not sustain serious injuries by presenting evidence demonstrating that she returned to work on a full-time basis nine days after the accident and that apart from an emergency room visit immediately following the accident, she did not seek treatment for the alleged injuries for more than one year (see, Pagano v. Kingsbury, 182 A.D.2d 268). The report prepared by the plaintiff's treating physician, Dr. Batash, which was also submitted in support of the motion for summary judgment, was insufficient to establish that the plaintiff had sustained a serious injury because it consisted of merely "conclusory assertions tailored to meet statutory requirements" (Lopez v Senatore, 65 N.Y.2d 1017, 1019; see, Marshall v. Albano, 182 A.D.2d 614).
Because the plaintiff failed to oppose the motion with any medical evidence in admissible form, the motions for summary judgment dismissing the complaint should have been granted (see, Pagano v. Kingsbury, supra). Mangano, P.J., Balletta, O'Brien, Hart and Florio, JJ., concur.