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Grayer v. Jerez

Appellate Division of the Supreme Court of New York, Second Department
Apr 19, 1993
192 A.D.2d 637 (N.Y. App. Div. 1993)

Opinion

April 19, 1993

Appeal from the Supreme Court, Nassau County (McCaffrey, J.).


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

Contrary to the conclusions of the Supreme Court, we find that the plaintiff has failed to meet her burden of establishing a prima facie case of serious injury as defined in Insurance Law § 5102 (d) (see, Oswald v Ospina, 187 A.D.2d 570; Zaffuto v Martorano, 161 A.D.2d 639). The plaintiff lost only one day of work as a result of the injuries she sustained in the accident. Although she complained of headaches and back pain, these subjective complaints were insufficient to defeat the defendants' motion. Moreover, since the physician's report she submitted was unsworn and thus inadmissible (see, Pagano v Kingsbury, 182 A.D.2d 268), and the "affirmation" submitted by that physician was unsigned, there exists no objective medical documentation in the record to support the plaintiff's claim that she suffered a "serious injury" (see, Oswald v Ospina, supra). Bracken, J.P., Miller, Lawrence, Copertino and Santucci, JJ., concur.


Summaries of

Grayer v. Jerez

Appellate Division of the Supreme Court of New York, Second Department
Apr 19, 1993
192 A.D.2d 637 (N.Y. App. Div. 1993)
Case details for

Grayer v. Jerez

Case Details

Full title:LOUISE GRAYER, Respondent, v. FERMIN JEREZ et al., Appellants

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 19, 1993

Citations

192 A.D.2d 637 (N.Y. App. Div. 1993)
596 N.Y.S.2d 455

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