Summary
finding that the chiropractor's affidavit was not based upon a recent examinationbecause the gap was more than two years
Summary of this case from Evans v. United StatesOpinion
January 20, 1998
Appeal from the Supreme Court, Nassau County (Kohn, 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 a prima facie case that she sustained a serious injury within the meaning of Insurance Law § 5102 (d). While the plaintiff submitted an affidavit by her examining chiropractor characterizing her injury as a "permanent consequential limitation" in her cervical and lumbar regions, the affidavit was prepared more than two years after he last saw the plaintiff and did not indicate that the opinion expressed therein was based upon any recent medical examination of her ( see, Beckett v. Conte, 176 A.D.2d 774; O'Neill v. Rogers, 163 A.D.2d 466; Philpotts v. Petrovic, 160 A.D.2d 856).
Mangano, P.J., Copertino, Joy, Florio and Luciano, JJ., concur.