Luetto v. Abreu
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (George J. Silver, J.), entered April 25, 2012, which granted defendant’s motion for summary judgment dismissing the complaint based on the failure to establish a serious injury pursuant to Insurance Law § 5102 (d), unanimously affirmed, without costs.
Defendant made a prima facie showing that plaintiff Luetto did not suffer a serious injury to his right knee and lower back. Defendant submitted, among other things, the affirmed report of an orthopedist who opined that Luetto had no residuals from arthroscopic surgery performed four years earlier and no…
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