Nguyen v. Abdel-Hamed
Opinion of the Court
Order, Supreme Court, New York County (Deborah A. Kaplan, J.), entered June 25, 2008, which, to the extent appealed from, denied defendants-appellants’ 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 reversed, on the law, without costs, and the motion granted, and, upon a search of the record, the remaining defendants’ motion for summary judgment granted as well. The Clerk is directed to enter judgment in favor of defendants dismissing the complaint in its entirety.
Defendants made a prima facie showing that plaintiff suffered no permanent or significant limitation of use of her cervical, thoracic and lumbar spine, by submitting the affirmed medical report of a neurologist describing the tests he performed and setting forth the results supporting his finding that plaintiff had full range of motion in the spine and his conclusion that
Defendants also demonstrated that plaintiff suffered no “medically determined injury or impairment of a non-permanent nature” (Insurance Law § 5102 [d]), by submitting plaintiffs deposition testimony that she was confined to home for two weeks and missed only two or three days of work following the accident (see Prestol v McKissock, 50 AD3d 600 [2008]). To the extent plaintiffs opposition affidavit differs with her testimony regarding her alleged impairment during the 90/180-day period, the affidavit appears to have been tailored to avoid the consequences of her earlier testimony and is insufficient to defeat summary judgment (see Amaya v Denihan Ownership Co., LLC, 30 AD3d 327 [2006]).
Upon a search of the record, the nonappealing defendants’ motion is also granted (see Lopez v Simpson, 39 AD3d 420 [2007]). Concur—Andrias, J.E, Friedman, McGuire and Moskowitz, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.