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DIAZ v. KANUTEH

38 A.D.3d 447 (2007)

831 N.Y.S.2d 322

JOSEPH DIAZ, Appellant, v. BANGALLY KANUTEH et al., Respondents, et al., Defendant.

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

Decided March 27, 2007.

Each pair of movants established a prima facie case that plaintiff's injuries were not serious, by nonconclusory affidavits from medical experts who examined plaintiff and found no injury from the 1999 accident that satisfied the statutory threshold (Insurance Law § 5102 [d]). When the burden then shifted to plaintiff, his medical expert could offer only a conclusory opinion as to causation (see Gaddy v Eyler, 79 N.Y.2d 955...

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