Butera v. Woodhouse

—Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendant’s motion for summary judgment dismissing the complaint in this personal injury action arising from an automobile accident. Defendant’s submissions in support of the motion, including the affidavit and incorporated report of defendant’s medical expert, are sufficient to establish as a matter of law that plaintiff did not sustain a serious injury, and plaintiff failed to meet his burden of raising a triable issue of fact (see, Gaddy v Eyler, 79 NY2d…