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Konkowski v. Hoare

Appellate Division of the Supreme Court of New York, Second Department
Jun 23, 1997
240 A.D.2d 638 (N.Y. App. Div. 1997)

Opinion

June 23, 1997

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


Ordered that the appeal from the order dated July 22, 1996, is dismissed, as that order was superseded by the order dated November 18, 1996, made upon reargument; and it is further,

Ordered that the order dated November 18, 1996, is affirmed insofar as reviewed; and it is further,

Ordered that the respondents are awarded one bill of costs.

Contrary to the plaintiffs' contention, the evidence submitted by the defendants in support of their motion for summary judgment was sufficient to make a prima facie showing that the injured plaintiff did not sustain serious injury, as defined by Insurance Law § 5102 (d), in the underlying accident ( see, Gaddy v. Eyler, 79 N.Y.2d 955, 956-957; Flanagan v. Hoeg, 212 A.D.2d 756). Moreover, the court correctly determined that the evidence submitted by the plaintiffs in opposition to the defendants' motion was insufficient to raise a triable question of fact on this issue. The affidavit of the injured plaintiff's chiropractor failed to indicate any objective basis upon which he determined the stated degrees of limitation of motion allegedly suffered by the injured plaintiff, and it 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).

Mangano, P.J., Ritter, Sullivan, Altman and McGinity, JJ., concur.


Summaries of

Konkowski v. Hoare

Appellate Division of the Supreme Court of New York, Second Department
Jun 23, 1997
240 A.D.2d 638 (N.Y. App. Div. 1997)
Case details for

Konkowski v. Hoare

Case Details

Full title:JOHN KONKOWSKI et al., Appellants, v. WILLIAM A. HOARE et al., Respondents

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

Date published: Jun 23, 1997

Citations

240 A.D.2d 638 (N.Y. App. Div. 1997)
659 N.Y.S.2d 1006

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