Opinion
June 29, 1998
Appeal from the Supreme Court, Queens County (Durante, J.),
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The plaintiff sought to recover damages by claiming that she suffered a "significant limitation of use of a body function or system" (Insurance Law § 5102 [d]). In order to establish that she suffered such a "significant limitation", the plaintiff was required to provide objective evidence of the extent or degree of the imitation and its duration ( see, Beckett v. Conte, 176 A.D.2d 774). The affidavits authored by the plaintiff's treating physician, Dr. Kathleen R. Watson, failed to specify the extent or degree of the plaintiff's alleged limitation.
Bracken, J. P., Copertino, Santucci, Florio and McGinity, JJ., concur.