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ALICE DALESSANDRO, respondent, v. AMBOY BUS CO., 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 affidavits sworn to respectively by Dr. George Nimberg, an orthopedist, and Dr. Dennis Rossi, a radiologist, which the defendants submitted in support of their motion, established a prima facie case ( see, CPLR 3212[b]) that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d).

In opposition to the motion, the plaintiff submitted the affirmation and report of Dr. Irving Friedman, a neurologist, which contained only the conclusory finding that the plaintiff had sustained a medial meniscus tear. Dr. Friedman failed to identify the objective test which provided the basis for his finding ( see, Vignola v. Varrichio, 243 A.D.2d 464; Beckett v. Conte, 176 A.D.2d 774). Moreover, Dr. Friedman's conclusion was refuted by the finding of the defendants' expert, Dr. Rossi, who read the Magnetic Resonance Imaging films taken of the plaintiff's left knee and found no evidence of a tear of the medial meniscus.

Furthermore, while Dr. Friedman found a restriction of range of motion in the plaintiff's lumbar spine, the plaintiff never claimed to have sustained an injury to that part of her body. Therefore, the plaintiff failed to raise a triable issue of fact and the motion for summary judgment is granted ( see, CPLR 3212[b]).

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DALESSANDRO v. AMBOY BUS CO., INC
(Jun 14, 1999)