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MELA v. GENTILE

306 A.D.2d 388 (2003)

761 N.Y.S.2d 482

ALBERT MELA, Respondent, v. VITO GENTILE, Appellant, et al., Defendant.

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

Decided June 16, 2003.

Ordered that the order is affirmed, with costs.

In support of his motion for summary judgment, the defendant submitted proof in evidentiary form which demonstrated that the plaintiff's injuries were not serious within the meaning of Insurance Law § 5102 (d) (see Gaddy v Eyler, 79 N.Y.2d 955 [1992]). In opposition, the plaintiff submitted an affirmation from his treating physician which designated a numeric percentage...

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