COFSKY v. HOURICAN


260 A.D.2d 422 (1999)

686 N.Y.S.2d 721

RHONDA COFSKY et al., Respondents, v. THOMAS P. HOURICAN et al., Appellants.

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

Decided April 12, 1999.


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

The reports affirmed under penalty of perjury by Dr. Leo Sultan and Dr. Frederick Mortati made out a prima facie case that the injured plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

The only competent medical evidence which the plaintiffs submitted in opposition to the motion, the report which was...

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