Gilyard v. McNamara

Appellate Division of the Supreme Court of New York

Gilyard v. McNamara

276 A.D.2d 745, 715 N.Y.S.2d 332, 2000 N.Y. App. Div. LEXIS 10919

Appellate Division of the Supreme Court of the State of New York·Decided October 30, 2000·Published

Opinion

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Westchester County (Coppola, J.), dated December 20, 1999, which denied her 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, without costs or disbursements.

The defendant’s motion papers failed to establish a prima facie case that the plaintiffs injuries were not serious within the meaning of Insurance Law § 5102 (d) (see, Mendola v Demetres, 212 AD2d 515). Ritter, J. P., Thompson, Friedmann, H. Miller and Feuerstein, JJ., concur.

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In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Westchester County (Coppola, J.), dated December 20, 1999, which denied her 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, without costs or disbursements.

The defendant’s motion papers failed to establish a prima facie case that the plaintiffs injuries were not serious within the meaning of Insurance Law § 5102 (d) (see, Mendola v Demetres, 212 AD2d 515). Ritter, J. P., Thompson, Friedmann, H. Miller and Feuerstein, JJ., concur.

Gilyard v. McNamara, 276 A.D.2d 745, 715 N.Y.S.2d 332, 2000 N.Y. App. Div. LEXIS 10919 (N.Y. Ct. App. 2000).

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276 A.D.2d 745 (Gilyard v. McNamara) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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