HAYES v. RICCARDI


97 A.D.2d 954 (1983)

Michael E. Hayes, Respondent, v. Mark Riccardi, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 4, 1983


Order unanimously affirmed, with costs.

Memorandum:

The doctor's report annexed to plaintiff's affidavit in opposition to the motion for summary judgment is of no probative value on the issue of serious physical injury. Although the doctor, in the language of the statute, stated that his examination "shows a significant limitation of usage [of plaintiff's] neck and back muscles and also the cervical spine," he did not describe the examination and, particularly...

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