Opinion
December 29, 1997
Appeal from the Supreme Court, Queens County (Berke, J.).
Ordered that the order is reversed insofar as appealed from, with costs, and the defendant's motion is granted.
The evidence submitted by the defendant made out a prima facie case ( see, CPLR 3212 [b]) that the plaintiff had not sustained a serious injury as defined by Insurance Law § 5102 (d). The only medical evidence submitted by the plaintiff in opposition to the motion, an affirmed report prepared by the plaintiff's treating chiropractor, did not constitute competent evidence ( see, CPLR 2106; Feintuch v. Grella, 209 A.D.2d 377).
Rosenblatt, J. P., O'Brien, Thompson, Friedmann and Goldstein, JJ., concur.