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MERO v. BAUER

260 A.D.2d 356 (1999)

686 N.Y.S.2d 313

BARBARA MERO et al., Appellants, v. THELMA BAUER, Respondent.

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

Decided April 5, 1999.

Ordered that the order is affirmed, with costs.

The report affirmed by Dr. Frank M. Hudak to be true under penalty of perjury pursuant to CPLR 2106, submitted by the defendant in support of her motion for summary judgment, made out a prima facie case that the plaintiff Barbara Mero did not sustain a serious injury within the meaning of Insurance Law § 5102 (see, Farjam v Michael Mgt., 253 A.D.2d 535). The medical evidence...

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