BARROW v. BUDHU, 570340 (3-19-2004)

PER CURIAM:

Defendant's evidence, showing plaintiff had virtually normal test results, underwent only a short course of treatment, served on active duty in the United States Army after the accident, and had been involved in several other collisions, met his burden of demonstrating that plaintiff did not sustain a "serious injury" (Insurance Law § 5102[d]) in the subject motor vehicle accident.

Plaintiff's doctor's affirmation was insufficient to defeat summary judgment, as it was made after a seven year gap in treatment and failed to address plaintiff's involvement in one prior and two subsequent accidents for which she received medical attention (see, Franchini v. Palmieri, 1 NY3d 536; Finkelshteyn v. Harris, 280 AD2d 579; Eisen v. Walter and Samuels, 215 AD2d 149). Under the circumstances of this case, plaintiff's submission did not raise a triable issue of fact that she sustained a serious injury in this automobile accident.

This constitutes the decision and order of the court.