Opinion
June 1, 1998
Appeal from the Supreme Court, Nassau County (Adams, J.).
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The reports authored by Dr. Anthony S. Horvath and Dr. John W. Shepard, both of which were affirmed under penalties of perjury, made out a prima facie case that the plaintiff did not sustain a serious injury as defined by Insurance Law § 5102 (d).
The only submission presented by the plaintiff in opposition to the defendant's motion, the bare affirmation of the plaintiffs attorney, who demonstrated no personal knowledge of the plaintiffs injuries, was without evidentiary value and thus failed to overcome the defendant's showing (see, Zuckerman v. City of New York, 49 N.Y.2d 557).
O'Brien, J. P., Thompson, Friedmann and Goldstein, JJ., concur.