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ROY FUNDERBURK, APPELLANT, v. LARRY GORDON, RESPONDENT.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The affidavits of the defendant's experts submitted on the motion for summary judgment established that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d). The plaintiff failed to raise a triable issue of fact on the issue (see, Gaddy v. Eyler, 79 N.Y.2d 955). The affidavit submitted by the plaintiff's treating chiropractor in opposition to the motion did not indicate what, if any, objective medical tests were performed to support his conclusion that the plaintiff suffered loss of cervical and thoracic motion (see, Grossman v. Wright, 268 A.D.2d 79 [2d Dept., May 8, 2000]; Logarzo v. D'Angelis-Hall, 248 A.D.2d 597; Lincoln v. Johnson, 225 A.D.2d 593, 594).

The plaintiff's remaining contentions are without merit.

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FUNDERBURK v. GORDON
(Jun 5, 2000)