From Casetext: Smarter Legal Research

Allyn v. Hanley

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 2003
767 N.Y.S.2d 885 (N.Y. App. Div. 2003)

Opinion

2003-02534.

Decided December 8, 2003.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated March 4, 2003, which denied his motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d).

Kushel Horvat, (Robert F. Horvat of counsel), for appellant.

Eric H. Green, (Marc Gertler and Paul Ehrlich of counsel), for respondent.

Before: THOMAS A. ADAMS, WILLIAM F. MASTRO, JJ.


DECISION ORDER

ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendant made out a prima facie case that the plaintiff's injuries were not serious based on the affirmed reports of his expert orthopedist and neurologist, who examined the plaintiff and concluded that there was no disability ( see Gaddy v. Eyler, 79 N.Y.2d 955, 956-957).

The medical evidence submitted by the plaintiff in opposition to the motion failed to raise a triable issue of fact. Notably, the plaintiff's medical expert failed to adequately explain the 5 1/2 year gap between the time of the plaintiff's medical treatment and the physical examination conducted by her medical expert ( see Grossman v. Wright, 268 A.D.2d 79, 84). Furthermore, the plaintiff's medical expert failed to indicate an awareness that the plaintiff was involved in at least four accidents subsequent to the subject motor vehicle accident. Therefore, any finding on his part that the plaintiff's current injuries were causally related to the subject accident was mere speculation ( see Ginty v. MacNamara, 300 A.D.2d 624, 625).

ALTMAN, J.P., S. MILLER, McGINITY, ADAMS and MASTRO, JJ., concur.


Summaries of

Allyn v. Hanley

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 2003
767 N.Y.S.2d 885 (N.Y. App. Div. 2003)
Case details for

Allyn v. Hanley

Case Details

Full title:APRIL MARIE ALLYN, respondent, v. JAMES J. HANLEY, JR., appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 8, 2003

Citations

767 N.Y.S.2d 885 (N.Y. App. Div. 2003)
767 N.Y.S.2d 885

Citing Cases

Munoz v. Pavel Koyfman

The Supreme Court correctly concluded that the defendants met their prima facie burden of establishing that…

Cornelius v. Cintas

ions of Leon Bernstein, David's treating orthopedic surgeon, were insufficient to raise a triable issue of…