Eisen v. Walter & Samuels, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Alice Schlesinger, J.), entered February 9, 1994, which denied defendant’s motion for summary judgment dismissing the plaintiffs complaint, unanimously reversed, on *150the law, and defendant’s motion to dismiss the complaint granted, without costs.
It was error for the IAS Court to determine that plaintiff made a prima facie showing here that he had sustained a "serious injury” within the meaning of Insurance Law § 5102 (d). Plaintiff failed to set forth competent medical evidence based upon objective medical findings and diagnostic tests to support his…
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- Hutchinson v. Beth Cab Corp.Appellate Division of the Supreme Court of the State of New York · 1994
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