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TURCHUK v. TOWN OF WALLKILL

Appellate Division of the Supreme Court of New York, Second Department.
Nov 30, 1998
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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; Stallone v. County of Suffolk, 209 A.D.2d 403; Pagano v. Kingsbury, 182 A.D.2d 268, 271; Forte v. Vaccaro, 175 A.D.2d 153).

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; Atamian v. Mintz, 216 A.D.2d 430; Zelenak v. Clark, 170 A.D.2d 677; Phillips v. Costa, 160 A.D.2d 855).

Rosenblatt, J. P., O'Brien, Sullivan, Krausman and Florio, JJ., concur.