Diakos v. Tong

Appellate Division of the Supreme Court of New York

Diakos v. Tong

304 A.D.2d 521, 756 N.Y.S.2d 880

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

DecidedApril 7, 2003

StatusPublished

This text of 304 A.D.2d 521 (Diakos v. Tong) 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

Diakos v. Tong, 304 A.D.2d 521, 756 N.Y.S.2d 880 (N.Y. Ct. App. 2003).

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Opinion

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Dollard, J.), dated March 8, 2002, which granted the defendants’ motion for summary judgment dismissing the complaint on the ground that the plaintiff Zan Diakos did not sustain a serious-injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the plaintiffs failed to come forward with sufficient admissible evidence to rebut the defendants’ initial showing that the plaintiff Zan Diakos did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see Amato v Psaltakis, 279 AD2d 439 [2001]). Thus, summary judgment dismissing the complaint was properly granted to the defendants (see Licari v Elliott, 57 NY2d 230 [1982]). Florio, J.P., S. Miller, Townes and Mastro, JJ., concur.

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In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Dollard, J.), dated March 8, 2002, which granted the defendants’ motion for summary judgment dismissing the complaint on the ground that the plaintiff Zan Diakos did not sustain a serious-injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the plaintiffs failed to come forward with sufficient admissible evidence to rebut the defendants’ initial showing that the plaintiff Zan Diakos did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see Amato v Psaltakis, 279 AD2d 439 [2001]). Thus, summary judgment dismissing the complaint was properly granted to the defendants (see Licari v Elliott, 57 NY2d 230 [1982]). Florio, J.P., S. Miller, Townes and Mastro, JJ., concur.

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Bluebook (online)

304 A.D.2d 521, 756 N.Y.S.2d 880, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diakos-v-tong-nyappdiv-2003.

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