McKIE v. HUGHES

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

The defendant made a prima facie showing of entitlement to judgment as a matter of law. In opposition, the plaintiff failed to raise a triable issue of fact as to whether she sustained a serious injury within the meaning of Insurance Law § 5102(d). A physician's affirmation, which was the only competent medical evidence submitted in opposition to the motion, failed to set forth the objective tests he performed in reaching his conclusions concerning restrictions in the plaintiff's range of motion (see, Smith v. Askew, 264 A.D.2d 834; Kauderer v. Penta, 261 A.D.2d 365; Grossman v. Wright, 268 A.D.2d 79 [2d Dept., May 8, 2000]). The affirmation also failed to set forth the treatment, if any, that the plaintiff received for her alleged injuries (see, Williams v. Ciaramella, 250 A.D.2d 763).