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Cracolici v. Lassiter

57 A.D.3d 708, 868 N.Y.2d 905
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 16, 2008
StatusPublished

This text of 57 A.D.3d 708 (Cracolici v. Lassiter) 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
Cracolici v. Lassiter, 57 A.D.3d 708, 868 N.Y.2d 905 (N.Y. Ct. App. 2008).

Opinion

The movants failed to make a prima facie showing that the plaintiff Scott M. Cracolici (hereinafter the injured plaintiff) did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (see Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]; Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]). Since the movants failed to meet their initial burden, their motion for summary judgment should have been denied without regard to the sufficiency of the opposing papers (see Hughes v Cai, 31 AD3d 385, 385-386 [2006]; see also Coscia v 938 Trading Corp., 283 AD2d 538 [2001]). Fisher, J.E, Lifson, Covello, Balkin and Belen, JJ., concur.

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Related

Toure v. Avis Rent a Car Systems, Inc.
774 N.E.2d 1197 (New York Court of Appeals, 2002)
Gaddy v. Eyler
591 N.E.2d 1176 (New York Court of Appeals, 1992)
Hughes v. Cai
31 A.D.3d 385 (Appellate Division of the Supreme Court of New York, 2006)
Coscia v. 938 Trading Corp.
283 A.D.2d 538 (Appellate Division of the Supreme Court of New York, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
57 A.D.3d 708, 868 N.Y.2d 905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cracolici-v-lassiter-nyappdiv-2008.