Digilov v. Kafka

Appellate Division of the Supreme Court of New York

Digilov v. Kafka

279 A.D.2d 548, 719 N.Y.S.2d 610, 2001 N.Y. App. Div. LEXIS 582

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

DecidedJanuary 22, 2001

StatusPublished

This text of 279 A.D.2d 548 (Digilov v. Kafka) 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

Digilov v. Kafka, 279 A.D.2d 548, 719 N.Y.S.2d 610, 2001 N.Y. App. Div. LEXIS 582 (N.Y. Ct. App. 2001).

Pincite

Opinion

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Richmond County (Minardo, J.), entered April 20, 2000, which denied their 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..

We agree with the Supreme Court that the medical evidence submitted by the plaintiff raised a triable issue of fact (see, CPLR 3212 [b]) as to whether he sustained a serious injury within the meaning of Insurance Law § 5102 (d). Ritter, J. P., Friedmann, H. Miller and Feuerstein, JJ., concur.

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In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Richmond County (Minardo, J.), entered April 20, 2000, which denied their 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..

We agree with the Supreme Court that the medical evidence submitted by the plaintiff raised a triable issue of fact (see, CPLR 3212 [b]) as to whether he sustained a serious injury within the meaning of Insurance Law § 5102 (d). Ritter, J. P., Friedmann, H. Miller and Feuerstein, JJ., concur.

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Bluebook (online)

279 A.D.2d 548, 719 N.Y.S.2d 610, 2001 N.Y. App. Div. LEXIS 582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/digilov-v-kafka-nyappdiv-2001.

Opinion

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