Wells v. Secka
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Fatricia Anne Williams, J), entered January 7, 2004, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
No issues of fact as to serious injury are raised by the report of plaintiffs treating physician (see Insurance Law § 5102 [d]; *241Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]). Purporting to describe the seriousness of plaintiffs injuries shortly after the accident, the report merely indicates the numeric percentages of various ranges of motion in plaintiff’s spine and shoulder without any…
2Cases cited3 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- Medina-Santiago v. NojovitsAppellate Division of the Supreme Court of the State of New York · 2004