Peprah v. McDonald

Order, Supreme Court, Bronx County (Kenneth L. Thompson, J), entered on or about November 27, 2007, which granted defendant’s motion for summary judgment dismissing the complaint on the ground that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), and denied plaintiff’s cross motion for summary judgment, unanimously affirmed, without costs.

The motion court correctly determined that defendant established his prima facie entitlement to summary judgment with the affidavit of his medical expert, Dr. Nathan, whose examination of plaintiff disclosed no…