BANDOIAN v. BERNSTEIN


254 A.D.2d 205 (1998)

679 N.Y.S.2d 123

Vincent Bandoian et al., Appellants, v. Ralph J. Bernstein, Respondent

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

October 27, 1998


The physician's affirmation stating summarily that the three plaintiffs all suffered from permanent disability of the cervical spine was insufficient to raise a triable issue as to whether plaintiffs had in fact sustained permanent loss of use or permanent consequential limitation of use of a body organ, member or function within the meaning of Insurance Law § 5102 (d) (see, Lopez v Senatore, 65 N.Y.2d 1017). Nor was...

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