Opinion
08-11-2015
Joseph SMITH, Plaintiff–Appellant, v. Craig ROBERTS, et al., Defendants–Respondents.
Law Office of Arnold Treco, Jr. PLLC, Bronx (Arnold Treco Jr. of counsel), for appellant. Law Offices of John Trop, Yonkers (David Holmes of counsel), for Craig Roberts, respondent. Baker, McEvoy, Morrissey & Moskovits, P.C., Brooklyn (Robert D. Grace of counsel), for Mamadou Barry, respondent.
Law Office of Arnold Treco, Jr. PLLC, Bronx (Arnold Treco Jr. of counsel), for appellant.Law Offices of John Trop, Yonkers (David Holmes of counsel), for Craig Roberts, respondent.
Baker, McEvoy, Morrissey & Moskovits, P.C., Brooklyn (Robert D. Grace of counsel), for Mamadou Barry, respondent.
Opinion 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 A.D.3d 522, 895 N.Y.S.2d 394 [1st Dept.2010] ). That plaintiff subsequently 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 A.D.3d 567, 568, 984 N.Y.S.2d 332 [1st Dept. 2014] ).
MAZZARELLI, J.P., FRIEDMAN, RICHTER, MANZANET–DANIELS, GISCHE, JJ., concur.