Curtis v. Brent

Order, Supreme Court, Bronx County (Stanley Green, J.), entered June 7, 2007, which granted defendant’s motion for summary judgment dismissing the complaint on the ground that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), unanimously affirmed, without costs.

Plaintiffs verified bill of particulars, medical records, and deposition testimony and defendant’s expert’s affirmed report established prima facie that plaintiff did not sustain a serious injury, but rather cervical, lumbar and left shoulder strains, which had resolved as of 16 months after the…