Brown v. Wagg
Opinion of the Court
—Order unanimously reversed on the law without costs, motion and cross motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendants’ motion and cross motion seeking summary judgment dismissing the complaint on the ground that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Defendants met their initial burden by submitting the affidavit of their medical expert, who “opined therein that there is no objective evidence that plaintiff! ] sustained a serious injury” (Muratore v Tierney, 229 AD2d 1018). Plaintiff failed in opposition to present any objective medical evidence to support his claim of serious injury. Although the office record of plaintiff’s attending physician notes a finding of restricted range of motion of the cervical spine, neither that record nor any physician’s affidavit or medical report shows that such limitation was “objectively measured or quantified” (Forte v Vaccaro, 175 AD2d 153; see, Watt v Eastern
Case-law data current through December 31, 2025. Source: CourtListener bulk data.