Chiropractor's Affidavit has no probative value; summary judgment on lack of "serious injury"

Balbuena v. Vasquez, Index. No. 307194/2012 (Sup.Ct. Bronx Cty. 2015)

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A Bronx Court dismissed an auto collision Complaint, granting summary judgment to the defendants upon a showing that both plaintiffs lacked a "serious injury" required by New York State Insurance Law section 5102(d), sufficient to sustain their claims.

In opposition to the motion, plaintiffs submitted the Affidavit of an examining chiropractor. The Court found that the Affidavit had no probative value because "the chiropractor didn’t examine plaintiff until six (6) years after the accident and after plaintiff was involved in a subsequent accident."

AGF&J associate Dennis J. Monaco represented the defendants.