SAUER v. MARKS


278 A.D.2d 301 (2000)

718 N.Y.S.2d 187

AMANDA SAUER, Appellant, et al., Plaintiff, v. ALFRED MARKS, Respondent.

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

Decided December 11, 2000.


Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant met his initial burden of establishing as a matter of law that the appellant did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) by submitting the affirmations of an orthopedist and neurologist who recently had examined the appellant (see, Gaddy v Eyler, 79 N.Y.2d 955).

Although the affidavit of...

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