EDGECOMB v. IXAT TRANSIT INC (2007)

Supreme Court, Appellate Division, First Department, New York.

Beryl EDGECOMB, Plaintiff-Appellant, v. IXAT TRANSIT, INC., et al., Defendants-Respondents.

Decided: November 13, 2007

SAXE, J.P., FRIEDMAN, SWEENY, McGUIRE, MALONE, JJ.

The Law Firm of Steven J. Mandel, P.C., New York (James Nemia of counsel), for appellant. The Sullivan Law Firm, New York (Timothy M. Sullivan of counsel), for Sisters Transit, Inc. and Traore Kassoum, respondents.

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered April 4, 2006, which, insofar as appealed from as limited by the briefs, granted defendants' motions for summary judgment dismissing the complaint for lack of a serious injury, unanimously affirmed, without costs.

Plaintiff's claims of permanent and significant injuries were properly rejected where, in opposition to defendants' prima facie showing of no such injuries, plaintiff offered no explanation why she did not seek any treatment starting nine months after the accident (see Pommells v. Perez, 4 N.Y.3d 566, 574, 797 N.Y.S.2d 380, 830 N.E.2d 278 (2005)). Plaintiff's claim of a 90/180 injury was properly rejected for lack of evidence showing that the injuries she sustained were serious enough to keep her from working out of her home as she had been at the time of the accident.

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