O'Bradovich v. Mrijaj

Order, Supreme Court, Bronx County (Lucy Billings, J.), entered September 30, 2005, which granted defendant’s motion for summary judgment dismissing the complaint in its entirety, unanimously affirmed, without costs.

Plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Her expert opined that the ac*275cident caused a fracture of her calcaneus, the heel bone adjacent to the ankle. However, on this record, there is no admissible evidence that plaintiff was ever diagnosed by her treating physician with a fracture that resulted from this accident. The unsworn MRI…