Baker v. Catania

Appellate Division of the Supreme Court of New York

Baker v. Catania

151 A.D.2d 629, 542 N.Y.S.2d 702, 1989 N.Y. App. Div. LEXIS 8200

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

DecidedJune 19, 1989

StatusPublished

Cited by2 cases

This text of 151 A.D.2d 629 (Baker v. Catania) 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

Baker v. Catania, 151 A.D.2d 629, 542 N.Y.S.2d 702, 1989 N.Y. App. Div. LEXIS 8200 (N.Y. Ct. App. 1989).

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Opinion

In a negligence action to recover damages for personal injuries, the plaintiff John E. Baker, Jr., appeals from an order of the Supreme Court, Suffolk County (Gerard, J.), entered September 15, 1988, which granted the defendants’ motion for summary judgment.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

The plaintiff John E. Baker, Jr., was injured when an automobile he was operating was struck by an automobile owned by the defendant James V. Quintigliano and operated by the defendant Constance M. Catania. An affidavit submitted by Dr. Michael Brooks, who examined that plaintiff at the defendants’ request, states that his "range of motion of the cervical spine was approximately 75% of normal” and "his motor power is perhaps less than 50% of normal”. Whether those limitations constitute serious injury as defined in Insurance Law § 5102 (d), is an issue of fact sufficient to defeat the defendants’ motion for summary judgment (see, Swenning v Wankel, 140 AD2d 428). Brown, J. P., Sullivan, Harwood and Rosenblatt, JJ., concur.

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In a negligence action to recover damages for personal injuries, the plaintiff John E. Baker, Jr., appeals from an order of the Supreme Court, Suffolk County (Gerard, J.), entered September 15, 1988, which granted the defendants’ motion for summary judgment.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

The plaintiff John E. Baker, Jr., was injured when an automobile he was operating was struck by an automobile owned by the defendant James V. Quintigliano and operated by the defendant Constance M. Catania. An affidavit submitted by Dr. Michael Brooks, who examined that plaintiff at the defendants’ request, states that his "range of motion of the cervical spine was approximately 75% of normal” and "his motor power is perhaps less than 50% of normal”. Whether those limitations constitute serious injury as defined in Insurance Law § 5102 (d), is an issue of fact sufficient to defeat the defendants’ motion for summary judgment (see, Swenning v Wankel, 140 AD2d 428). Brown, J. P., Sullivan, Harwood and Rosenblatt, JJ., concur.

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Bluebook (online)

151 A.D.2d 629, 542 N.Y.S.2d 702, 1989 N.Y. App. Div. LEXIS 8200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-catania-nyappdiv-1989.

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