Johnson v. Marriott Management Services Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Stanley Green, J.), entered June 5, 2006, which, to the extent appealed from as limited by the briefs, granted defendants’ motion for summary judgment dismissing the complaint on the ground that plaintiff did not suffer a serious injury under Insurance Law § 5102 (d), unanimously affirmed, without costs.
Defendants met their initial burden by making a prima facie showing that plaintiff did not sustain a “significant limitation of use of a body function or system” (Insurance Law § 5102 [d]). Defendants submitted, inter alia, an affidavit of a board-certified…
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