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GUTIERREZ v. METRO. SUBURBAN BUS AUTH.

240 A.D.2d 469 (1997)

659 N.Y.S.2d 787

Mariana Gutierrez, Appellant, v. Metropolitan Suburban Bus Authority et al., Respondents

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

June 9, 1997

Ordered that the judgment is affirmed, with costs.

The defendants' submissions made out a prima facie case that the plaintiff had not sustained a serious injury as defined by Insurance Law § 5102 (d). The affidavit of the chiropractor, submitted by the plaintiff, was deficient insofar as it failed to indicate that the opinion expressed therein was based upon a recent medical examination (see, Attanasio v Lashley, 223 A.D.2d 614...

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