Weber v. Harbus

—In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Nassau County (McCarty, J.), dated August 31, 1993, which denied his motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff Michael Weber failed to establish that he had sustained a serious injury within the meaning of Insurance Law § 5102 (d). The only medical evidence submitted by the plaintiffs was an affidavit of Michael Weber’s treating physician…