Gilroy v. Duncombe
Opinion of the Court
—In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Westchester County (Nastasi, J.), entered August 10, 1999, which denied their motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The affirmed medical reports that the defendants submitted in support of their motion for summary judgment made out a prima facie case that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see, Gaddy v Eyler, 79 NY2d 955; Funderburk v Gordon, 273 AD2d 196; Harewood v Aiken, 273 AD2d 199). The plaintiff’s evidence submitted in opposition to the motion was insufficient to raise a triable issue of fact on that issue. Although the affirmation of the plaintiff’s examining physician purported to quantify certain alleged restrictions in the plaintiff’s range of motion, the physician failed to set forth the objective tests that were performed to support her conclusions (see, Grossman v Wright,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.