Opinion
June 2, 1997
Appeal from the Supreme Court, Nassau County (DeMaro, J.).
Ordered that the judgment is affirmed, with costs.
The defendant submitted sufficient proof in admissible form to establish, prima facie, that the plaintiff did not suffer a serious injury in the underlying accident (see, Gaddy v. Eyler, 79 N.Y.2d 965, 956-957). The affidavit of the plaintiff's chiropractor submitted in opposition to the defendant's motion for summary judgment was insufficient to raise a triable question of fact on this issue because he failed to demonstrate that his diagnoses of the plaintiff's alleged injuries were based on objective tests (see, Forte v. Vaccaro, 175 A.D.2d 153; Philpotts v Petrovic, 160 A.D.2d 856, 857).
Miller, J.P., Thompson, Joy and Luciano, JJ., concur.