MODESTA v. GUY

Defendants Hilarion and Pierre submitted the detailed affirmation of an orthopedist who opined, among other things, that plaintiff sustained no "accident related orthopedic disability" and that the cervical and shoulder injuries she sustained as a result of the accident had resolved. Accordingly, these defendants made a prima facie showing of entitlement to judgment as a matter of law dismissing plaintiff's claims under the "serious injury" categories of permanent loss of use of a body member, permanent consequential limitation of use of a body member, significant limitation of use of a body member and 90/180-day curtailment of activities. In opposition, plaintiff failed to raise a triable issue of fact with respect to any of these categories. Notably, the medical report of plaintiff's orthopedic surgeon is vague and conclusory on the issues of causation and the severity and permanency of plaintiff's injuries ( see e.g. Hernandez v Lopez, 9 AI)3d 300 [2004]; see also Cantanzano v Mei, 11 AD3d 500).

Hilarion and Pierre, however, failed to address plaintiff's claim of "serious injury" under the significant disfigurement category. In light of this failure, denial of that aspect of the motion of Hilarion and Pierre for summary judgment dismissing that claim as asserted against them is required ( see Onderl v Kaminski, 303 AD2d 665; Judd v Walton, 259 AD2d 1016; Spoth v Clark, 148 AD2d 953), regardless of the sufficiency of plaintiff's papers. Moreover, we are foreclosed from searching the record and evaluating that claim since it was not addressed in either the motion of Hilarion and Pierre or the cross motion of the nonappealing Fried defendants ( see Dunham v Hilco Constr. Co., 89 NY2d 425, 429-430).