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Orr v. Miner

Appellate Division of the Supreme Court of New York, Second Department
Oct 16, 1995
220 A.D.2d 567 (N.Y. App. Div. 1995)

Opinion

October 16, 1995

Appeal from the Supreme Court, Richmond County (Cusick, J.).


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff failed to establish that she sustained a "serious injury" within the meaning of Insurance Law § 5102 (d). The affirmations of the plaintiff's physician consisted of "conclusory assertions tailored to meet statutory requirements", and were thus insufficient to defeat summary judgment ( Lopez v Senatore, 65 N.Y.2d 1017, 1019; DuMont v. Sandhir, 201 A.D.2d 450). The physician's affirmations failed to set forth any limitations on the plaintiff nor any objective medical tests to support his findings ( see, Baker v. Zelem, 202 A.D.2d 617). In addition, the mere use of the words "permanent" and "totally disabled" by the plaintiff's physician were insufficient to defeat summary judgment ( see, Stallone v. County of Suffolk, 209 A.D.2d 403). The plaintiff's continuing subjective complaints of pain, and her self-serving statements that she was unable to work and perform her usual activities set forth in her affidavit were also insufficient to defeat summary judgment ( see, Iglesias v. Inland Freightways, 209 A.D.2d 479; Beckett v. Conte, 176 A.D.2d 774). Sullivan, J.P., Thompson, Copertino, Krausman and Florio, JJ., concur.


Summaries of

Orr v. Miner

Appellate Division of the Supreme Court of New York, Second Department
Oct 16, 1995
220 A.D.2d 567 (N.Y. App. Div. 1995)
Case details for

Orr v. Miner

Case Details

Full title:CAROL ORR, Respondent, v. KATHERINE MINER, Appellant

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

Date published: Oct 16, 1995

Citations

220 A.D.2d 567 (N.Y. App. Div. 1995)
632 N.Y.S.2d 633

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