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BAKER v. ZELEM

202 A.D.2d 617 (1994)

609 N.Y.S.2d 330

Douglas Baker et al., Respondents, v. Paul A. Zelem et al., Appellants, et al., Defendant

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

March 28, 1994

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff Douglas Baker has failed to establish a prima facie case that he sustained "serious injury" within the meaning of Insurance Law § 5102 (d). While the plaintiffs submitted a medical report and an affidavit in which a chiropractor characterized Douglas Baker's alleged...

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