Garcia v. Long Island MTA

Appellate Division of the Supreme Court of New York

Garcia v. Long Island MTA

2 A.D.3d 675, 768 N.Y.S.2d 630

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

DecidedDecember 22, 2003

StatusPublished

Cited by2 cases

This text of 2 A.D.3d 675 (Garcia v. Long Island MTA) 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

Garcia v. Long Island MTA, 2 A.D.3d 675, 768 N.Y.S.2d 630 (N.Y. Ct. App. 2003).

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Opinion

—In an action to recover damages for personal injuries, the defendants Long Island MTA and William Brown appeal from so much of an order of the Supreme Court, Nassau County (Carter, J.), dated January 13, 2003, as denied their motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them on the ground that the plaintiffs did not sustain serious injuries within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed insofar as appealed from, with costs.

The conflicting medical reports of the parties’ respective experts raised triable issues of fact as to whether the plaintiffs sustained serious injuries within the meaning of Insurance Law § 5102 (d) (see Kraemer v Henning, 237 AD2d 492 [1997]). Ritter, J.P., Smith, Friedmann, H. Miller and Crane, JJ., concur.

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—In an action to recover damages for personal injuries, the defendants Long Island MTA and William Brown appeal from so much of an order of the Supreme Court, Nassau County (Carter, J.), dated January 13, 2003, as denied their motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them on the ground that the plaintiffs did not sustain serious injuries within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed insofar as appealed from, with costs.

The conflicting medical reports of the parties’ respective experts raised triable issues of fact as to whether the plaintiffs sustained serious injuries within the meaning of Insurance Law § 5102 (d) (see Kraemer v Henning, 237 AD2d 492 [1997]). Ritter, J.P., Smith, Friedmann, H. Miller and Crane, JJ., concur.

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Bluebook (online)

2 A.D.3d 675, 768 N.Y.S.2d 630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-v-long-island-mta-nyappdiv-2003.

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