Majority
Order, Supreme Court, Bronx County (Lizbeth Gonzalez, J.), entered December 15, 2015, which granted defendant Jet Taxi’s motion for summary judgment dismissing the complaint based on plaintiff’s inability to establish a serious injury within the meaning of Insurance Law § 5102 (d), unanimously affirmed, without costs.
Defendant made a prima facie showing that plaintiff did not suffer any serious injury through the affirmed report of its orthopedist, who found full range of motion in all affected body parts, its radiologist, who opined that the conditions shown in the spinal MRIs were degenerative and that there was no
In response, plaintiff failed to come forward with evidence to rebut defendant’s showing, since she presented no medical evidence to substantiate her claims (see Windham v New York City Tr. Auth., 115 AD3d 597 , 599 [1st Dept 2014]; Turner v Benycol Transp. Corp., 78 AD3d 506 , 507 [1st Dept 2010]).
Defendant established prima facie that plaintiff did not sustain a 90/180-day injury by submitting her deposition testimony showing that she was not confined to home or bed for longer than about five weeks (see Komina v Gil, 107 AD3d 596 , 597 [1st Dept 2013]).
Concur — Tom, J.P., Friedman, Maz-zarelli, Kapnick and Kahn, JJ.
Cases cited
- Mitrotti v. Elia 91 AD3d 449 at 449-450 p. 574
- Windham v. New York City Transit Authority 115 AD3d 597 at 599 p. 574
- Turner v. Benycol Transportation Corp. 78 AD3d 506 at 507 p. 574
- Komina v. Gil 107 AD3d 596 at 597 p. 574