| Curtis v Brent |
| 2008 NY Slip Op 04217 [51 AD3d 464] |
| May 6, 2008 |
| Appellate Division, First Department |
| Marc Curtis, Appellant, v Edmond Brent,Respondent. |
—[*1] Law Offices of Vincent P. Crisci, New York (Caroline Papadatos of counsel), forrespondent.
Order, Supreme Court, Bronx County (Stanley Green, J.), entered June 7, 2007, whichgranted defendant's motion for summary judgment dismissing the complaint on the ground thatplaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d),unanimously affirmed, without costs.
Plaintiff's verified bill of particulars, medical records, and deposition testimony anddefendant's expert's affirmed report established prima facie that plaintiff did not sustain a seriousinjury, but rather cervical, lumbar and left shoulder strains, which had resolved as of 16 monthsafter the accident, and that he was not prevented, for 90 of the 180 days following the accident,from performing his usual and customary activities (see Lopez v Simpson, 39 AD3d 420 [2007]; Norona v Manhattan & Bronx Surface Tr.Operating Auth., 40 AD3d 480 [2007]; Style v Joseph, 32 AD3d 212, 214 n [2006]). Plaintiff's experts'reports provide neither quantitative nor qualitative assessments of the seriousness of plaintiff'sinjuries (see Toure v Avis Rent A Car Sys., 98 NY2d 345, 350-351 [2002]), and containno competent medical evidence that he sustained a medically determined injury of anonpermanent nature (see id. at 357; Lopez, 39 AD3d at 421; Norona, 40AD3d at 480-481). Concur—Tom, J.P., Andrias, Nardelli and Williams, JJ.