MAGRAS v. COLASUONNO


278 A.D.2d 388 (2000)

717 N.Y.S.2d 627

DARIN MAGRAS, Respondent, v. FRANK COLASUONNO et al., Appellants.

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

Decided December 18, 2000.


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

The plaintiff failed to establish a prima facie case that he sustained a serious injury within the meaning of Insurance Law § 5102 (d). The only medical testimony offered at trial was that of the plaintiff's treating chiropractor. Although the chiropractor testified that the plaintiff sustained a herniated disc, he conceded that this conclusion was...

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