Robert M. Brewster v Carolyn E. Skiba

Brewster v Skiba 2005 NY Slip Op 08000 [22 AD3d 426] October 27, 2005 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

Robert M. Brewster, Appellant,
v
Carolyn E. Skiba et al., Respondents.

—[*1]Order, Supreme Court, Bronx County (Janice L. Bowman, J.), entered July 26, 2004, which, insofar as appealed from, denied plaintiff's motion for summary judgment on the issue of whether plaintiff sustained a serious injury within the meaning of Insurance Law § 5102 (d), unanimously affirmed, without costs.

Even assuming that plaintiff satisfied his initial burden of proving a prima facie case of serious injury, the court did not abuse its discretion in denying the motion on the ground that defendants did not have an opportunity to examine plaintiff by their own physicians (CPLR 3212 [f]). Concur—Tom, J.P., Mazzarelli, Friedman, Catterson and McGuire, JJ.