Conway v. Cuomo

Appellate Division of the Supreme Court of New York

Conway v. Cuomo

270 A.D.2d 301, 705 N.Y.S.2d 236, 2000 N.Y. App. Div. LEXIS 2719

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

DecidedMarch 13, 2000

StatusPublished

This text of 270 A.D.2d 301 (Conway v. Cuomo) 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

Conway v. Cuomo, 270 A.D.2d 301, 705 N.Y.S.2d 236, 2000 N.Y. App. Div. LEXIS 2719 (N.Y. Ct. App. 2000).

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Opinion

—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (Alpert, J.), dated February 25, 1999, which denied his 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.

The Supreme Court properly denied the defendant’s motion as he failed to establish a prima facie case that the plaintiffs [302]*302injuries were not serious within the meaning of Insurance Law § 5102 (d) (see, Belmonte v Collins, 261 AD2d 496; Rosmarin v Lamontanaro, 238 AD2d 567; Mendola v Demetres, 212 AD2d 515). O’Brien, J. P., Altman, Friedmann, McGinity and Smith, JJ., concur.

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—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (Alpert, J.), dated February 25, 1999, which denied his 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.

The Supreme Court properly denied the defendant’s motion as he failed to establish a prima facie case that the plaintiffs [302]*302injuries were not serious within the meaning of Insurance Law § 5102 (d) (see, Belmonte v Collins, 261 AD2d 496; Rosmarin v Lamontanaro, 238 AD2d 567; Mendola v Demetres, 212 AD2d 515). O’Brien, J. P., Altman, Friedmann, McGinity and Smith, JJ., concur.

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Bluebook (online)

270 A.D.2d 301, 705 N.Y.S.2d 236, 2000 N.Y. App. Div. LEXIS 2719, Counsel Stack Legal Research, https://law.counselstack.com/opinion/conway-v-cuomo-nyappdiv-2000.

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