Mero v. Bauer

Full title: BARBARA MERO et al., Appellants, v. THELMA BAUER, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 5, 1999

260 A.D.2d 356 (N.Y. App. Div. 1999)

686 N.Y.S.2d 313

Opinion

April 5, 1999

Appeal from the Supreme Court, Suffolk County (Doyle, J).

Ordered that the order is affirmed, with costs.

The report affirmed by Dr. Frank M. Hudak to be true under penalty of perjury pursuant to CPLR 2106, submitted by the defendant in support of her motion for summary judgment, made out a prima facie case that the plaintiff Barbara Mero did not sustain a serious injury within the meaning of Insurance Law § 5102 ( see, Farjam v. Michael Mgt., 253 A.D.2d 535). The medical evidence relied upon by the plaintiffs in opposition to the motion failed to raise a triable issue of fact ( see, CPLR 3212 [b]).

S. Miller, J. P., Sullivan, Friedmann and Luciano, JJ., concur.