Allocca v. Pepper

Appellate Division of the Supreme Court of New York

Allocca v. Pepper

261 A.D.2d 563, 688 N.Y.S.2d 910, 1999 N.Y. App. Div. LEXIS 5725

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 24, 1999

StatusPublished

This text of 261 A.D.2d 563 (Allocca v. Pepper) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allocca v. Pepper, 261 A.D.2d 563, 688 N.Y.S.2d 910, 1999 N.Y. App. Div. LEXIS 5725 (N.Y. Ct. App. 1999).

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Opinion

—In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Nassau County (Davis, J.), dated December 11, 1997, which denied their motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the defendants failed to meet their initial burden of demonstrating that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), and thus, they were not entitled to summary judgment (see generally, Gaddy v Eyler, 79 NY2d 955, 956-957; Licari v Elliott, 57 NY2d 230). S. Miller, J. P., Sullivan, Friedmann, Luciano and Feuerstein, JJ., concur.

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—In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Nassau County (Davis, J.), dated December 11, 1997, which denied their motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the defendants failed to meet their initial burden of demonstrating that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), and thus, they were not entitled to summary judgment (see generally, Gaddy v Eyler, 79 NY2d 955, 956-957; Licari v Elliott, 57 NY2d 230). S. Miller, J. P., Sullivan, Friedmann, Luciano and Feuerstein, JJ., concur.

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Bluebook (online)

261 A.D.2d 563, 688 N.Y.S.2d 910, 1999 N.Y. App. Div. LEXIS 5725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allocca-v-pepper-nyappdiv-1999.

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