Stefanie v. Harvey

—Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Plaintiff failed to raise a genuine issue of fact regarding his contention that he suffered a "serious injury” *981within the meaning of Insurance Law § 5102 (d). One of plaintiffs physicians opined that plaintiff suffered a "soft tissue injury in the form of stretching of the muscles and ligaments” constituting a "mild weakness” of the musculature which should be a "minimal problem and should not handicap the patient in the vast majority of his daily activities”. Another physician who…