Christian v. Waite
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered February 14, 2008, which granted defendants’ motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendants established a prima facie entitlement to summary "’’^"ment by submitting evidence demonstrating that plaintiff .lot sustain a serious injury within the meaning of Insur*582anee Law § 5102 (d) as a result of an automobile accident. Specifically, defendants submitted the affirmed report of a neurologist who, upon examining plaintiff and performing objective tests with range of motion…
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