CURTIS v. BRENT (2008)

Order, Supreme Court, Bronx County (Stanley Green, J.), entered June 7, 2007, which granted defendant's 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 affirmed, without costs.

 Plaintiff's verified bill of particulars, medical records, and deposition testimony and defendant's expert's affirmed report established prima facie that plaintiff did not sustain a serious injury, but rather cervical, lumbar and left shoulder strains, which had resolved as of 16 months after 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 A.D.3d 420, 835 N.Y.S.2d 98 [2007];  Norona v. Manhattan & Bronx Surface Tr. Operating Auth., 40 A.D.3d 480, 836 N.Y.S.2d 188 [2007];  Style v. Joseph, 32 A.D.3d 212, 214 n. *, 820 N.Y.S.2d 26 [2006] ).   Plaintiff's experts' reports provide neither quantitative nor qualitative assessments of the seriousness of plaintiff's injuries (see Toure v. Avis Rent A Car Sys., 98 N.Y.2d 345, 350-351, 746 N.Y.S.2d 865, 774 N.E.2d 1197 [2002] ), and contain no competent medical evidence that he sustained a medically determined injury of a nonpermanent nature (see id. at 357, 746 N.Y.S.2d 865, 774 N.E.2d 1197;  Lopez, 39 A.D.3d at 421, 835 N.Y.S.2d 98;  Norona, 40 A.D.3d at 480-481, 836 N.Y.S.2d 188).