Franklin v. Gareyua

New York Court of Appeals

Franklin v. Gareyua

71 N.E.3d 1218, 29 N.Y.3d 925

CourtNew York Court of Appeals

DecidedMarch 23, 2017

StatusPublished

Cited by13 cases

This text of 71 N.E.3d 1218 (Franklin v. Gareyua) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Franklin v. Gareyua, 71 N.E.3d 1218, 29 N.Y.3d 925 (N.Y. 2017).

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Opinion

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question answered in the affirmative. The Appellate Division correctly concluded that plaintiff failed to raise a triable issue of fact as to whether he suffered a serious left shoulder injury within the meaning of Insurance Law § 5102 (d) as a result of the underlying motor vehicle accident.

Concur: Chief Judge DiFiore and Judges Rivera, Abdus-Salaam, Stein, Fahey, Garcia and Wilson.

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OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question answered in the affirmative. The Appellate Division correctly concluded that plaintiff failed to raise a triable issue of fact as to whether he suffered a serious left shoulder injury within the meaning of Insurance Law § 5102 (d) as a result of the underlying motor vehicle accident.

Concur: Chief Judge DiFiore and Judges Rivera, Abdus-Salaam, Stein, Fahey, Garcia and Wilson.

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Bluebook (online)

71 N.E.3d 1218, 29 N.Y.3d 925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/franklin-v-gareyua-ny-2017.

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