Doyle v. Erie County Water Authority
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously reversed, on the law, without costs, motion granted and complaint dismissed. Memorandum: Defendants’ motion for summary judgment dismissing the complaint should have been granted on the grounds that plaintiff Jean Marie Doyle failed to meet the serious injury threshold of Insurance Law § 5102 (d) (formerly § 671 [4]). To substantiate their allegations that Jean Marie Doyle did not sustain a "serious injury,” defendants submitted the report of plaintiff’s treating physician, Dr. Collard, an orthopedist, which incorporated the diagnoses of Dr. Klementowski, an ophthalmologist,…
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