Delsoin v. Vidale

Appellate Division of the Supreme Court of New York

Delsoin v. Vidale

202 A.D.2d 550, 610 N.Y.S.2d 816

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

DecidedMarch 21, 1994

StatusPublished

This text of 202 A.D.2d 550 (Delsoin v. Vidale) 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

Delsoin v. Vidale, 202 A.D.2d 550, 610 N.Y.S.2d 816 (N.Y. Ct. App. 1994).

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Opinion

In an action to recover damages for personal injuries, the defendants Margarette Delsoin and Demitri Ambroise appeal from so much of an order of the Supreme Court, Kings County (Vaccaro, J.), dated May 28, 1992, as denied their motion for summary judgment dismissing the complaint insofar as it is asserted against them.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

We agree with the Supreme Court that the plaintiff established a prima facie showing of "serious injury” within the meaning of Insurance Law § 5102 (d). Thus, the court correctly denied the appellants’ motion for summary judgment dismissing the complaint insofar as it is asserted against them (see, Insurance Law § 5104 [a]; Licari v Elliott, 57 NY2d 230). Mangano, P. J., Balletta, O’Brien, Hart and Florio, JJ., concur.

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In an action to recover damages for personal injuries, the defendants Margarette Delsoin and Demitri Ambroise appeal from so much of an order of the Supreme Court, Kings County (Vaccaro, J.), dated May 28, 1992, as denied their motion for summary judgment dismissing the complaint insofar as it is asserted against them.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

We agree with the Supreme Court that the plaintiff established a prima facie showing of "serious injury” within the meaning of Insurance Law § 5102 (d). Thus, the court correctly denied the appellants’ motion for summary judgment dismissing the complaint insofar as it is asserted against them (see, Insurance Law § 5104 [a]; Licari v Elliott, 57 NY2d 230). Mangano, P. J., Balletta, O’Brien, Hart and Florio, JJ., concur.

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Bluebook (online)

202 A.D.2d 550, 610 N.Y.S.2d 816, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delsoin-v-vidale-nyappdiv-1994.

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