TURCHUK v. TOWN OF WALLKILL

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

Juliana TURCHUK, Appellant, v. TOWN OF WALLKILL, Respondent.

Decided: November 30, 1998

Before ROSENBLATT, J.P., O'BRIEN, SULLIVAN, KRAUSMAN and FLORIO, JJ. Norman M. Block, P.C., Hawthorne, N.Y., for appellant. Rosenstein, McKenna & Bonney, Middletown, N.Y. (Monte J. Rosenstein of counsel), for respondent.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Orange County (Murphy, J.), dated December 5, 1997, which granted the defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

 In support of its motion for summary judgment, the defendant submitted a report from a physician who examined the plaintiff and found that although the plaintiff had sustained a contusion to the right shoulder, she no longer showed any objective signs of pathology.   The defendant therefore demonstrated prima facie entitlement to summary judgment (see, Licari v. Elliott, 57 N.Y.2d 230, 239, 455 N.Y.S.2d 570, 441 N.E.2d 1088;  Stallone v. County of Suffolk, 209 A.D.2d 403, 618 N.Y.S.2d 445;  Pagano v. Kingsbury, 182 A.D.2d 268, 271, 587 N.Y.S.2d 692;  Forte v. Vaccaro, 175 A.D.2d 153, 572 N.Y.S.2d 41).

 In opposition, the plaintiff asserted that she could not perform her daily activities for six months after the accident.   The plaintiff's self-serving statements concerning her inability to perform household chores for six months after the accident, without more, were insufficient to show that she had sustained a medically-determined injury or impairment of a nonpermanent nature which prevented her from performing substantially all of the material acts which constituted her usual and customary daily activities for a period of not less than 90 days during the 180-day period immediately following the accident (see, Yagliyan v. Gun Shik Yang, 241 A.D.2d 518, 663 N.Y.S.2d 991;  Atamian v. Mintz, 216 A.D.2d 430, 628 N.Y.S.2d 367;  Zelenak v. Clark, 170 A.D.2d 677, 567 N.Y.S.2d 92;  Phillips v. Costa, 160 A.D.2d 855, 554 N.Y.S.2d 288).

MEMORANDUM BY THE COURT.

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