Fallon v. Landwirt

Appellate Division of the Supreme Court of New York

Fallon v. Landwirt

261 A.D.2d 435, 687 N.Y.S.2d 298, 1999 N.Y. App. Div. LEXIS 4785

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

DecidedMay 10, 1999

StatusPublished

Cited by1 cases

This text of 261 A.D.2d 435 (Fallon v. Landwirt) 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

Fallon v. Landwirt, 261 A.D.2d 435, 687 N.Y.S.2d 298, 1999 N.Y. App. Div. LEXIS 4785 (N.Y. Ct. App. 1999).

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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, Rock-land County (Weiner, J.), dated May 19, 1998, which granted the separate motions of the defendants third-party plaintiffs and the third-party defendant for summary judgment dismissing the complaint on the ground that the plaintiff Anne Fallon did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The medical evidence submitted by the defendants in support of their motions for summary judgment made out a prima facie case that the plaintiff Anne Fallon did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). The only competent medical evidence which the plaintiffs submitted in opposition to the motion, the affidavit sworn to on February 26, 1998, by Dr. Michael I. Weintraub, failed to causally relate the injuries to the accident (see, Verrelli v Tronolone, 230 AD2d 789). S. Miller, J. P., Sullivan, Friedmann, Luciano and Feuerstein, 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, Rock-land County (Weiner, J.), dated May 19, 1998, which granted the separate motions of the defendants third-party plaintiffs and the third-party defendant for summary judgment dismissing the complaint on the ground that the plaintiff Anne Fallon did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The medical evidence submitted by the defendants in support of their motions for summary judgment made out a prima facie case that the plaintiff Anne Fallon did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). The only competent medical evidence which the plaintiffs submitted in opposition to the motion, the affidavit sworn to on February 26, 1998, by Dr. Michael I. Weintraub, failed to causally relate the injuries to the accident (see, Verrelli v Tronolone, 230 AD2d 789). S. Miller, J. P., Sullivan, Friedmann, Luciano and Feuerstein, JJ., concur.

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Bluebook (online)

261 A.D.2d 435, 687 N.Y.S.2d 298, 1999 N.Y. App. Div. LEXIS 4785, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fallon-v-landwirt-nyappdiv-1999.

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