Sloan v. Schoen

—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (Adams, J.), dated September 25, 1997, which denied his motion for summary judgment dismissing the complaint upon the ground that the plaintiff did not sustain a serious injury as defined by Insurance Law § 5102 (d).

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

The reports authored by Dr. Anthony S. Horvath and Dr. John W. Shepard, both of which were affirmed under penalties of perjury, made out a…