Hicklin v. LaDuca

—Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly granted defendants’ motions for a directed verdict at the close of proof on the ground that plaintiff failed to establish a prima facie case of serious injury within the meaning of Insurance Law § 5102 (d). Plaintiff’s treating orthopedist testified that plaintiff did not sustain the injuries set forth in plaintiffs initial bill of particulars, and that the injury specified in plaintiffs supplemental bill of particulars was not caused by the accident. Plaintiffs case thus was based entirely on plaintiffs…