Karabchievsky v. Crowder

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Eartnow, J.), dated September 29, 2004, which granted the defendants’ 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 affirmed, with costs.

Contrary to the plaintiffs contention, the defendants’ evidence, which consisted of the affirmed medical report of their examining physician and the plaintiff’s deposition testimony, was…