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PETROPOULOS v. NEW YORK CITY TRANSIT AUTHORITY

Appellate Division of the Supreme Court of New York, Second Department.
Oct 12, 2004
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Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The defendants made a prima facie showing that the plaintiff Angeliki Petropoulos (hereinafter the plaintiff) did not sustain a serious injury within the meaning of Insurance Law ยง 5102 (d) through the submission of the plaintiff's medical records and the affirmation of the defense medical expert ( see Toure v. Avis Rent A Car Sys., 98 NY2d 345; Gaddy v. Eyler, 79 NY2d 955; Hodges v. Jones, 238 AD2d 962; Fragale v. Geiger, 288 AD2d 431). The affidavit of the plaintiff's chiropractor submitted in opposition to the defendants' motions was too vague and conclusory, and therefore failed to raise a triable issue of fact ( see Almonacid v. Meltzer, 222 AD2d 631; Franchini v. Palmieri, 307 AD2d 1056, affd 1 NY3d 536).

Accordingly, the Supreme Court properly granted the defendants' motions for summary judgment in their favor dismissing the complaint.