Smith v. Roberts — 131 A.D.3d 423

Majority

p. 423

Joseph Smith, Appellant, v Craig Roberts et al., Respondents.

[13 NYS3d 896]

Order, Supreme Court, Bronx County (Mary Ann Brigantti-Hughes, J.), entered April 9, 2014, which, in an action for personal injuries sustained in a motor vehicle accident, granted defendants’ motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants established their entitlement to judgment as a matter of law by submitting evidence showing that plaintiff did not sustain a serious injury to his spine and right knee (Insurance Law § 5102 [d]).

In opposition, plaintiff failed to offer evidence of permanent consequential limitations in his knee or spine.

Defendants met their burden on the 90/180-day category via plaintiff’s testimony that he missed three days of work following the accident (see Williams v Baldor Specialty Foods, Inc., 70 AD3d 522 [1st Dept 2010]). That plaintiff subsequently

p. 424

missed approximately a year of work following surgery that was conducted several months after the accident is not determinative of a 90/180-day injury (see Nicholas v Cablevision Sys. Corp., 116 AD3d 567 , 568 [1st Dept 2014]).

Concur — Mazzarelli, J.P., Friedman, Richter, Manzanet-Daniels and Gische, JJ.

Cases cited

Williams v. Baldor Specialty Foods, Inc. 70 AD3d 522 N.Y. App. Div. 2010-02-18 p. 423
Nicholas v. Cablevision Systems Corp. 116 AD3d 567 N.Y. App. Div. 2014-04-17 at 568 p. 424

Statutes and regulations cited

Insurance Law p. 423