Eastman v. Holland

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Fagones, J.), dated July 7, 2004, which granted the defendant’s motion for summary judgment dismissing the complaint on the ground that she did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.

The affirmed report of the defendant’s examining neurologist, as well as the plaintiff’s deposition testimony and the medical records submitted by the defendant, established, prima facie, that the…