Baldasty v. Cooper

Appellate Division of the Supreme Court of New York

Baldasty v. Cooper

238 A.D.2d 367, 656 N.Y.S.2d 332, 1997 N.Y. App. Div. LEXIS 3862

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

DecidedApril 14, 1997

StatusPublished

Cited by7 cases

This text of 238 A.D.2d 367 (Baldasty v. Cooper) 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

Baldasty v. Cooper, 238 A.D.2d 367, 656 N.Y.S.2d 332, 1997 N.Y. App. Div. LEXIS 3862 (N.Y. Ct. App. 1997).

Pincite

Opinion

—In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Dutchess County (Hillery, J.), dated July 29, 1996, which, upon a determination of the same court dated July 9, 1996, granting the defendants’ motion for summary judgment, dismissed his complaint.

Ordered that the judgment is affirmed, with costs.

The defendants established, through the plaintiff’s deposition testimony, that the plaintiff suffered only intermittent shoulder pain, a prima facie case that the plaintiff did not suffer "serious injury” within the meaning of Insurance Law § 5102 (d) (see, Craft v Brantuk, 195 AD2d 438; Tatti v Cummings, 193 AD2d 596; Stadier v Findley, 148 AD2d 600). The plaintiff’s affidavit, which contained only subjective complaints of pain and the affirmed medical report of his treating physician, whose diagnosis was based on those subjective complaints of pain, was insufficient to raise a triable issue of fact (see, Lincoln v Johnson, 225 AD2d 593; Barrett v Howland, 202 AD2d 383). Bracken, J. P., O’Brien, Santucci, Friedmann and Goldstein, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Dutchess County (Hillery, J.), dated July 29, 1996, which, upon a determination of the same court dated July 9, 1996, granting the defendants’ motion for summary judgment, dismissed his complaint.

Ordered that the judgment is affirmed, with costs.

The defendants established, through the plaintiff’s deposition testimony, that the plaintiff suffered only intermittent shoulder pain, a prima facie case that the plaintiff did not suffer "serious injury” within the meaning of Insurance Law § 5102 (d) (see, Craft v Brantuk, 195 AD2d 438; Tatti v Cummings, 193 AD2d 596; Stadier v Findley, 148 AD2d 600). The plaintiff’s affidavit, which contained only subjective complaints of pain and the affirmed medical report of his treating physician, whose diagnosis was based on those subjective complaints of pain, was insufficient to raise a triable issue of fact (see, Lincoln v Johnson, 225 AD2d 593; Barrett v Howland, 202 AD2d 383). Bracken, J. P., O’Brien, Santucci, Friedmann and Goldstein, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

238 A.D.2d 367, 656 N.Y.S.2d 332, 1997 N.Y. App. Div. LEXIS 3862, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baldasty-v-cooper-nyappdiv-1997.

Opinion

Related

Cite This Page — Counsel Stack