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TAMIKO GRANT, RESPONDENT, v. HELI TRUCKER, INC., ET AL., APPELLANTS.

DECISION ORDER

ORDERED that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendants' motion for summary judgment dismissing the complaint should have been granted. The defendants established a prima facie case that the plaintiff's injuries were not serious through the affirmed reports of an orthopedist and a neurologist, both of whom examined her and found no evidence of disability (see Gaddy v. Eyler, 79 N.Y.2d 955, 956-957). The only competent medical evidence submitted by the plaintiff in opposition, a physician's affirmation, failed to raise a triable issue of fact (see Grossman v. Wright, 268 A.D.2d 79).

ALTMAN, J.P., SMITH, KRAUSMAN, McGINITY and COZIER, JJ., concur.

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GRANT v. HELI TRUCKER, INC
(May 28, 2002)