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EDGECOMB v. IXAT TRANSIT, INC.

45 A.D.3d 360 (2007)

846 N.Y.S.2d 20

BERYL EDGECOMB, Appellant, v. IXAT TRANSIT, INC., et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 13, 2007.

Plaintiff's claims of permanent and significant injuries were properly rejected where, in opposition to defendants' prima facie showing of no such injuries, plaintiff offered no explanation why she did not seek any treatment starting nine months after the accident (see Pommells v Perez, 4 N.Y.3d 566, 574 [2005]). Plaintiff's claim of a 90/180-day injury was properly rejected for lack of evidence showing that the injuries she sustained...

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