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O'BRADOVICH v. MRIJAJ

35 A.D.3d 274 (2006)

827 N.Y.S.2d 38

DONICA O'BRADOVICH, Appellant, v. DUGAGJIN MRIJAJ, Respondent.

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

Decided December 19, 2006.

Plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Her expert opined that the accident caused a fracture of her calcaneus, the heel bone adjacent to the ankle. However, on this record, there is no admissible evidence that plaintiff was ever diagnosed by her treating physician with a fracture that resulted from this accident. The unsworn MRI report merely contains the reference to a "cortical...

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