Opinion
570683/07.
Decided July 22, 2008.
Defendants appeal from an order of the Civil Court of the City of New York, Bronx County (Raul Cruz, J.), entered June 8, 2007, which denied their motion for summary judgment dismissing the complaint.
Order (Raul Cruz, J.), entered June 8, 2007, reversed, with $10 costs, motion granted, and complaint dismissed. The Clerk is directed to enter judgment accordingly.
PRESENT: DAVIS, J.P., SCHOENFELD, HEITLER, JJ.
Defendants established prima facie entitlement to summary judgment with medical affirmations and reports attesting that plaintiff had normal range of motion in his shoulder and hip, degenerative disease of the lumbar spine and had sustained a "minimal" bone bruise of his right knee ( see Chong Sim Kim v Amaya, AD3d, 2008 NY Slip Op 04293 [2008]). Plaintiff's proof in opposition was insufficient to establish a material issue of fact, since his doctors failed to compare range of motion measurements to normal or address the significance of plaintiff's degenerative disc disease ( see Mullings v Huntwork, 26 AD3d 214; Nagbe v Minigreen Hacking Group, 22 AD3d 326). Plaintiff's medical expert's belated assertion that plaintiff sustained a microtrabecular fracture to the right knee, a departure from his own prior report of a "trabecular injury" and "bony injury", must be viewed, on this record, as conclusory and tailored to meet statutory requirements ( see Lopez v Senatore, 65 NY2d 1017, 1019; Rodriguez v Wheels, Inc., 276 AD2d 779). There is no evidence that plaintiff was ever diagnosed by his treating physician with a fracture resulting from this accident ( see O'Bradovich v Mrijaj, 35 AD3d 274).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.