Charley v. Goss

New York Court of Appeals

Charley v. Goss

904 N.E.2d 837, 12 N.Y.3d 750

CourtNew York Court of Appeals

DecidedFebruary 24, 2009

StatusPublished

Cited by12 cases

This text of 904 N.E.2d 837 (Charley v. Goss) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Charley v. Goss, 904 N.E.2d 837, 12 N.Y.3d 750 (N.Y. 2009).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed with costs.

Defendants Howard Conroy and Margaret Goss presented prima facie evidence, including plaintiffs deposition testimony and medical records, that plaintiff did not suffer a serious injury within the meaning of Insurance Law § 5102 (d) (see Toure v *751 Avis Rent A Car Sys., 98 NY2d 345 [2002]). In opposition, plaintiff failed to raise a triable issue of fact.

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.

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