| Rose v Citywide Auto Leasing, Inc. |
| 2009 NY Slip Op 01913 [60 AD3d 520] |
| March 19, 2009 |
| Appellate Division, First Department |
| Lisa Rose, Respondent, v Citywide Auto Leasing, Inc.,Defendant, and Ibrahima Sow et al., Appellants. |
—[*1] The Edelsteins, Faegenburg & Brown, LLP, New York (Evan M. Landa of counsel), forrespondent.
Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered July 11, 2008,which denied the motion of defendants Sow and Jejote for summary judgment dismissing thecomplaint as against them, unanimously reversed, on the law, without costs, and the motiongranted. The Clerk is directed to enter judgment dismissing the complaint as against alldefendants.
Defendants satisfied their prima facie burden of showing that plaintiff did not sustain aserious injury within the meaning of Insurance Law § 5102 (d). Based on their physicalexaminations of plaintiff and review of her MRI reports, as well as plaintiff's own statements,defendants' experts concluded that any limitations were either degenerative in nature orattributable to a workplace accident subsequent to the instant occurrence (see Valentin v Pomilla, 59 AD3d184 [1st Dept 2009]). Plaintiff failed to raise a triable issue by offering factually basedmedical opinions ruling out the subsequent accident and degenerative conditions as the cause ofher limitations, and therefore summary judgment should have been granted to the movingdefendants (see Lunkins v Toure,50 AD3d 399 [2008]). We dismiss the complaint as against all defendants, since "if plaintiffcannot meet the threshold for serious injury [*2]against onedefendant, she cannot meet it against the other[s]" (Lopez v Simpson, 39 AD3d 420, 421 [2007]).Concur—Friedman, J.P., Gonzalez, Buckley and Renwick, JJ.