Opinion
November 16, 1992
Appeal from the Supreme Court, Queens County (Lonschein, J.).
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
This Court has held in numerous cases that "`[t]he submission of a medical affidavit is not a sine qua non to prevailing on a summary judgment motion predicated upon a failure to establish a serious injury'" (Covington v Cinnirella, 146 A.D.2d 565, 566, quoting from Songer v Henry W. Muthig, Inc., 131 A.D.2d 657), where, as here, the lack of merit to the plaintiff's serious injury claim is patent from an examination of the medical evidence submitted by the plaintiff herself (see, Michaelides v Martone, 186 A.D.2d 544; Popp v Kremer, 124 A.D.2d 720, 722).
In this case, an examination of the report of the plaintiff's chiropractor, the verified complaint, the plaintiff's verified bill of particulars, the plaintiff's affidavit, and the affirmation of the plaintiff's physician, clearly show that there is absolutely no merit to the plaintiff's claims of a "serious injury" as defined in Insurance Law § 5104. Accordingly, the defendant is granted summary judgment dismissing the complaint. Thompson, J.P., Harwood, Balletta, Rosenblatt and Eiber, JJ., concur.