ROTINO v. ANDRY


187 A.D.2d 1042 (1992)

Donna R. Rotino, Respondent, v. Barbara A. Andry, as Executrix of John Andry, Deceased, et al., Appellants

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

November 18, 1992


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied defendants' motion for summary judgment dismissing the complaint on the ground that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). The affidavit of defendants' counsel, to the extent it purports to tender expert medical evidence, lacks probative value on the issue whether plaintiff sustained a serious injury (see, Zoldas...

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