Boyd v. Pierce

—White, J.

*868We affirm Supreme Court’s issuance of summary judgment dismissing plaintiffs complaint in this automobile negligence action since the record discloses that she did not sustain a "serious injury” within the meaning of Insurance Law § 5102 (d). With regard to the injury to her non-dominant thumb resulting in a 15-degree loss of flexion, there is no proof that this injury is permanent nor did plaintiff submit evidence challenging the opinion of defendant’s medical expert that this is a mild limitation (see, Gaddy v Eyler, 79 NY2d 955; Dubois v Simpson, 182 AD2d 993, 994). The opinions…