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DEANGELO v. MARCIA SERV. CORP.

199 A.D.2d 58 (1993)

605 N.Y.S.2d 31

Donna Deangelo, Appellant, v. Marcia Service Corp. et al., Respondents

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

December 9, 1993

The IAS Court properly granted summary judgment to defendant, who predicated his motion, inter alia, upon plaintiff's bill of particulars, plaintiff's deposition testimony, and a medical report prepared at the behest of plaintiff. These submissions established that there is no merit to plaintiff's claim of "serious injury" within the meaning of Insurance Law § 5102 (d) (see, Craft v Brantuk,

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