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Bone v. Gottlieb

Appellate Division of the Supreme Court of New York, Second Department
Jun 23, 1997
240 A.D.2d 610 (N.Y. App. Div. 1997)

Opinion

June 23, 1997

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


Ordered that the order is affirmed, with costs.

The medical evidence submitted by the defendants sufficiently established a prima facie case which entitled them to summary judgment. The burden then shifted to the plaintiff to come forward with sufficient evidence to overcome the defendants' showing by demonstrating that he had suffered a serious injury within the meaning of Insurance Law § 5102 (d) ( see, Gaddy v. Eyler, 79 N.Y.2d 955, 956-957; Licari v. Elliott, 57 N.Y.2d 230, 235). We agree with the Supreme Court that the plaintiff failed to meet this burden via the affidavit of his chiropractor since as the Supreme Court stated the affidavit "[did] not indicate any objective basis upon which [to determine] the degree of limitations" and the affidavit was "clearly tailored to meet the statutory requirements" ( see, Lopez v. Senatore, 65 N.Y.2d 1017; Lincoln v. Johnson, 225 A.D.2d 593; Giannakis v Paschilidou, 212 A.D.2d 502; Antoniou v. Duff 204 A.D.2d 670).

Bracken, J.P., O'Brien, Santucci, Friedmann and Goldstein, JJ., concur.


Summaries of

Bone v. Gottlieb

Appellate Division of the Supreme Court of New York, Second Department
Jun 23, 1997
240 A.D.2d 610 (N.Y. App. Div. 1997)
Case details for

Bone v. Gottlieb

Case Details

Full title:PATRICIA A. BONE, Plaintiff, v. JOHN D. GOTTLIEB et al., Defendants…

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

Date published: Jun 23, 1997

Citations

240 A.D.2d 610 (N.Y. App. Div. 1997)
659 N.Y.S.2d 1008

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