Opinion
August 10, 1998
Appeal from the Supreme Court, Nassau County (Lockman, J.).
The defendants' moving papers, which included, inter cilia, an affidavit of an orthopedic' surgeon, established that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see, Gaddy v. Eyler, 79 N.Y.2d 955). The papers submitted by the plaintiff in opposition to the defendants' motion for summary judgment, including a conclusory affidavit of the plaintiff's chiropractor, were insufficient to raise a question :of fact on this issue (see, Cacaccio v. Martin, 235 A.D.2d 384).
In light of our determination, the plaintiff's cross motion for summary judgment on the issue of liability is denied as academic.
Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.