Costa v. Billingsley

Order unanimously reversed on the law without costs and defendants’ motion granted. Memorandum: Defendants’ motion for summary judgment dismissing the complaint should have been granted on the ground that plaintiff failed to meet the serious injury threshold of Insurance Law § 5102 (formerly § 671). In support of their motion for summary judgment, defendants submitted the affidavit and report of their physician, Dr. Ehrenreich. Based upon his three examinations of plaintiff and his review *991of the X ray and CT scan reports and the reports of two of plaintiffs treating physicians, Ehrenreich…