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DAN v. LUKE

237 A.D.2d 165 (1997)

655 N.Y.S.2d 366

Catherine Dan et al., Appellants, v. Noel A. Luke et al., Respondents

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

March 18, 1997

The court properly granted summary judgment to defendants, who predicated their motion upon, inter alia, plaintiff's bill of particulars and various X-ray, MRI and other reports prepared and signed by plaintiff's treating physicians (see, Deangelo v Marcia Serv. Corp., 199 A.D.2d 58). These submissions established that there is no merit to plaintiff's claim of "serious injury" within the meaning of Insurance Law §...

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