Cruz v Martinez, 2013 NY Slip Op 03417 (1st Dept. 2013)
“Even if an anxiety disorder could constitute a serious injury within the meaning of the Insurance Law, the affidavit of Benjamin Hirsch, Ph.D., who evaluated Clark once, did not raise an issue of fact. Indeed, Hirsch, who did not set forth his expert credentials, noted that he did not perform any objective neuropsychological tests, since Clark did not describe any symptoms of neuropsychological distress”
Two problems here. One, there was no discussion of the doctor’s credentials. Perhaps a header stating that he is licensed or that he was a PH.D somewhere would have been sufficient. Furthermore, the failure to examine a body part despite a claimant’s failure to state an injury to the body part is insufficient.
