Campbell v. Wendt

Order, Supreme Court, New York County (Leticia M. Ramirez, J.), entered on or about May 18, 2016, which, to the extent appealed from, granted defendant’s motion for summary judgment dismissing the complaint based on plaintiff’s inability to establish a serious injury within the meaning of Insurance Law § 5102 (d), unanimously affirmed, without costs.

Defendant met his prima facie burden of showing that plaintiff’s claims of pain and headaches did not constitute a serious injury causally related to the 2009 motor vehicle accident. Plaintiff’s treating physician’s unaffirmed opinion that the…