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HAMMERLING v. KORN

8 A.D.3d 227 (2004)

777 N.Y.S.2d 314

STEPHEN J. HAMMERLING et al., Appellants, v. MICHAEL D. KORN et al., Respondents.

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

June 1, 2004.

Ordered that the order is affirmed, with costs.

The defendants made a prima facie showing that the plaintiff Stephen J. Hammerling (hereinafter the plaintiff) did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject motor vehicle accident through the submission of the plaintiff's deposition testimony, the affirmation of the defendants' medical expert, and the plaintiff's own medical and business records (see...

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