Capone v. Gottlieb

247 A.D.2d 500, 668 N.Y.S.2d 481, 1998 N.Y. App. Div. LEXIS 1503

This text of 247 A.D.2d 500 (Capone v. Gottlieb) 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
Capone v. Gottlieb, 247 A.D.2d 500, 668 N.Y.S.2d 481, 1998 N.Y. App. Div. LEXIS 1503 (N.Y. Ct. App. 1998).

Opinion

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Nassau County (Winick, J.), entered October 17, 1996, which, upon an order of the same [501]*501court dated July 29, 1996, granting the defendant’s motion for summary judgment, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

We agree with the Supreme Court that the injured plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), and, therefore, summary judgment was properly awarded to the defendant (see, Licari v Elliott, 57 NY2d 230).

Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.

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Related

Licari v. Elliott
441 N.E.2d 1088 (New York Court of Appeals, 1982)

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Bluebook (online)
247 A.D.2d 500, 668 N.Y.S.2d 481, 1998 N.Y. App. Div. LEXIS 1503, Counsel Stack Legal Research, https://law.counselstack.com/opinion/capone-v-gottlieb-nyappdiv-1998.