Brand v. Evangelista

Order, Supreme Court, New York County (George J. Silver, J.), entered December 14, 2011, which granted defendant’s motion for summary judgment dismissing the complaint based on the failure to establish a serious injury pursuant to Insurance Law § 5102 (d), unanimously affirmed, without costs.

Defendant established his entitlement to judgment as a matter of law dismissing plaintiffs claims pursuant to Insurance Law § 5102 (d) by submitting, inter alia, affirmed reports of a neurologist and an orthopedist who opined that plaintiff had no residuals from his recent back surgery, and no deficits in…