VARKEY v. GONZALEZ


225 A.D.2d 760 (1996)

639 N.Y.S.2d 945

Thomas Varkey et al., Respondents, v. Luis Gonzalez, Appellant

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

March 25, 1996


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

The evidence submitted by the defendant in support of his motion made out a prima facie case that the plaintiff had not sustained a serious injury as defined by Insurance Law § 5102 (d).

The only medical evidence which the plaintiff submitted in opposition to the motion, an affidavit prepared by his treating physician...

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