Appellate Division of the Supreme Court of New York, 2001

Massey v. She Shang Jung

Appellate Division of the Supreme Court of New York · Decided February 20, 2001

280 A.D.2d 586; 720 N.Y.S.2d 812; 2001 N.Y. App. Div. LEXIS 1654

Cases that cite this one

2 later published cases cite this decision.

Schultz v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2002)
Palasek v. Misita (Appellate Division of the Supreme Court of New York 2001)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Westchester County (Fredman, J.), entered April 14, 2000, which denied his motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendant established a prima facie case that the infant plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see, Gaddy v Eyler, 79 NY2d 955).

The medical affidavit prepared by the infant plaintiff’s *587examining orthopedist in opposition to the motion failed to raise a triable issue of fact as to whether the infant plaintiff sustained a serious injury. The examining orthopedist failed to explain the nature of the infant plaintiff’s medical treatment, and did not explain the 4V2-year gap between the infant plaintiffs initial treatments by a neurologist and her visit to the examining orthopedist (see, Goldin v Lee, 275 AD2d 341; Smith v Askew, 264 AD2d 834; Decayette v Kreger Truck Renting, 260 AD2d 342; Williams v Ciaramella, 250 AD2d 763). Santucci, J. P., Altman, Luciano and H. Miller, JJ., concur.

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