Opinion
April 24, 1995
Appeal from the Supreme Court, Queens County (Friedmann, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed insofar as it is asserted against the appellants.
The appellants' submissions made out a prima facie case that the respondent Salvatore Loiacano had not sustained a serious injury as defined by Insurance Law § 5102 (d). The affidavit of chiropractor James S. Kaufman, submitted by the respondents, was deficient insofar as it failed to indicate that the opinion expressed therein was based upon a recent medical examination (see, Philpotts v Petrovic, 160 A.D.2d 856; Covington v Cinnirella, 146 A.D.2d 565). Mangano, P.J., O'Brien, Ritter, Pizzuto and Florio, JJ., concur.