Opinion
September 28, 1998
Appeal from the Supreme Court, Nassau County (DiNoto, J.).
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The evidence proffered by the defendant, in sworn admissible form ( see, Pagano v. Kingsbury, 182 A.D.2d 268), demonstrated, prima facie, that the plaintiff had not sustained a serious injury within the meaning of Insurance Law § 5102 (d). Contrary to the conclusion of the Supreme Court, we find that the plaintiff failed to rebut the defendant's prima facie showing. The affirmation of the plaintiff's expert medical witness was insufficient to establish that the plaintiff suffered a serious injury because it consisted primarily of conclusory assertions tailored to satisfy statutory requirements ( see, Medina v. Zalmen Reis Assocs., 239 A.D.2d 394). Moreover, this affirmation does not explain the more than three-year gap between the physician's July 22, 1994, examination of the plaintiff, just six days after the accident, and his next examination of the plaintiff on November 18, 1997 ( see, Medina v. Zalmen Reis Assocs., supra; Marshall v. Albano, 182 A.D.2d 614). Accordingly, the defendant's motion for summary judgment should have been granted ( see, Licari v. Elliot, 57 N.Y.2d 230).
The plaintiff's remaining contentions are without merit.
Mangano, P.J., Miller, Pizzuto and Krausman, JJ., concur.