Lacomb v. Poland Central School District

OPINION OF THE COURT

Thomas Aloi, J.

Defendants moved pursuant to CPLR 3212 for summary judgment dismissing plaintiffs’ complaint, in part, in Action No. 3, on the grounds that plaintiff Darlene T. Postiglion had not sustained a “serious injury” (Insurance Law, § 671, subd 4), and thus did not meet the threshold for suit under New York’s no-fault insurance statute. Plaintiffs’ answering affidavits were by plaintiffs’ attorney, who attached a copy of a report by a clinical psychologist. In the report, a diagnosis for “Post-Traumatic Stress Disorder, *586Chronic (DSM III 309.81)” was made, and the…