Dembele v. Cambisaca
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Sallie ManzanetDaniels, J.), entered September 25, 2007, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendant met his prima facie burden by demonstrating that plaintiff had not suffered a serious injury within the meaning of Insurance Law § 5102 (d) with, among other things, the affirmations of his orthopedist and neurologist (see Brown v Achy, 9 AD3d 30, 31 [2004]). Plaintiffs radiologist’s affirmation, based on a March 2005 MRI, could not rebut defendant’s orthopedist’s findings of a…
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