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GARCIA v. MANGARU

Appellate Division of the Supreme Court of New York, Second Department.
Mar 21, 2005
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Ordered that the order is affirmed, with costs.

The appellants failed to make a prima facie showing that the plaintiffs Richard Perez and Bella S. Marin did not sustain serious injuries within the meaning of Insurance Law ยง 5102 (d) ( see Toure v. Avis Rent A Car Sys., 98 NY2d 345; Gaddy v. Eyler, 79 NY2d 955). The affirmations of the appellants' examining physicians were couched in only the most conclusory of language, and failed to "`set forth the objective test or tests performed' supporting their claims that there was no limitation of range of motion" ( Black v. Robinson, 305 AD2d 438, 439, quoting Gamberg v. Romeo, 289 AD2d 525; see Junco v. Ranzi, 288 AD2d 440).

Accordingly, the Supreme Court properly denied the appellants' motion for summary judgment.