Opinion
March 25, 1999
Appeal from the Supreme Court, New York County (Joan Madden, J.).
Plaintiff's conclusory allegations of disability in the period following his accident were not sufficient to establish a prima facie case of "serious injury" within the meaning of the statute (see, Licari v. Elliot, 57 N.Y.2d 230, 238-239). This deficiency was not remedied by plaintiff's physician's affidavit, premised upon little more than plaintiff's subjective complaints (see, Velez v. Cohan, 203 A.D.2d 156). Affidavits such as those submitted in opposition to the instant motion, relying entirely upon conclusory assertions tailored to meet statutory requirements, are plainly insufficient to sustain an action for which the "serious injury" threshold must be met (see, Lopez v. Senatore, 65 N.Y.2d 1017, 1019).
Concur — Ellerin, P. J., Sullivan, Lerner and Rubin, JJ.