Pommells v. Perez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Bertram Katz, J.), entered July 3, 2002, which granted defendants’ motion for summary judgment dismissing the complaint on the ground that plaintiff had not sustained serious injury within the meaning of Insurance Law § 5102 (d), affirmed, without costs.
Even assuming the summary description of the tests performed on plaintiff was sufficient to constitute objective medical proof of serious injury under Insurance Law § 5102 (d) (see Toure v Avis Rent A Car Sys., 98 NY2d 345, 350 [2002]), defendants’ motion for summary judgment was properly granted on the…
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