Gahan v. Legrow

Appellate Division of the Supreme Court of New York

Gahan v. Legrow

253 A.D.2d 479, 676 N.Y.S.2d 499, 1998 N.Y. App. Div. LEXIS 8907

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

DecidedAugust 17, 1998

StatusPublished

This text of 253 A.D.2d 479 (Gahan v. Legrow) 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

Gahan v. Legrow, 253 A.D.2d 479, 676 N.Y.S.2d 499, 1998 N.Y. App. Div. LEXIS 8907 (N.Y. Ct. App. 1998).

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Opinion

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Bucaria, J.), dated October 30, 1997, which granted the motion by the defendant Marvin Stein for summary judgment dismissing the complaint insofar as asserted against him, on the ground that the plaintiff did not sustain a serious injury as defined by Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.

The affirmed report of an orthopedist, Dr. Leon Sultan, which the defendant Marvin Stein submitted in support of his motion, made out a prima facie case that the plaintiff did not sustain a serious injury as defined by Insurance Law § 5102 (d) . The evidence which the plaintiff submitted in opposition to the motion failed to raise a triable issue of fact (see, CPLR 3212 [b]) as to the existence of a serious injury. Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.

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In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Bucaria, J.), dated October 30, 1997, which granted the motion by the defendant Marvin Stein for summary judgment dismissing the complaint insofar as asserted against him, on the ground that the plaintiff did not sustain a serious injury as defined by Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.

The affirmed report of an orthopedist, Dr. Leon Sultan, which the defendant Marvin Stein submitted in support of his motion, made out a prima facie case that the plaintiff did not sustain a serious injury as defined by Insurance Law § 5102 (d) . The evidence which the plaintiff submitted in opposition to the motion failed to raise a triable issue of fact (see, CPLR 3212 [b]) as to the existence of a serious injury. Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.

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Bluebook (online)

253 A.D.2d 479, 676 N.Y.S.2d 499, 1998 N.Y. App. Div. LEXIS 8907, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gahan-v-legrow-nyappdiv-1998.

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