Dilone v. Cheng

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered July 20, 2007, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant’s experts’ findings, upon objective testing, that plaintiffs injuries had resolved by the time of examination nine months after the accident demonstrated prima facie that plaintiff did not suffer a serious injury within the meaning of Insurance Law § 5102 (d) (see Brown v Achy, 9 AD3d 30, 31 [2004]).

As plaintiffs submissions address her condition within 92 days of the accident, plaintiff failed…