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EISEN v. WALTER & SAMUELS, INC.

215 A.D.2d 149 (1995)

626 N.Y.S.2d 109

Daniel Eisen, Respondent, v. Walter & Samuels, Inc., Appellant

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

May 4, 1995

It was error for the IAS Court to determine that plaintiff made a prima facie showing here that he had sustained a "serious injury" within the meaning of Insurance Law § 5102 (d). Plaintiff failed to set forth competent medical evidence based upon objective medical findings and diagnostic tests to support his claim that he sustained permanent loss of use of a body organ, member, function or system; instead he merely offered...

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