WEBER v. HARBUS


212 A.D.2d 525 (1995)

623 N.Y.S.2d 122

Michael Weber et al., Respondents, v. Arnold Harbus, Appellant

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

February 6, 1995


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

The plaintiff Michael Weber failed to establish that he had sustained a serious injury within the meaning of Insurance Law § 5102 (d). The only medical evidence submitted by the plaintiffs was an affidavit of Michael Weber's treating physician which was conclusory in nature, did not specify any quantifiable limitation of Weber's abilities, was based...

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