Guillebeaux v. Abney

Appellate Division of the Supreme Court of New York

Guillebeaux v. Abney

304 A.D.2d 428, 757 N.Y.S.2d 435, 2003 N.Y. App. Div. LEXIS 4162

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

DecidedApril 17, 2003

StatusPublished

This text of 304 A.D.2d 428 (Guillebeaux v. Abney) 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

Guillebeaux v. Abney, 304 A.D.2d 428, 757 N.Y.S.2d 435, 2003 N.Y. App. Div. LEXIS 4162 (N.Y. Ct. App. 2003).

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Opinion

Order, Supreme Court, Bronx County (Anne Targum, J.), entered October 9, 2002, which denied defendant-appellant’s motion for summary judgment dismissing the complaint for lack of serious injury as required by Insurance Law § 5102 (d), unanimously affirmed, without costs.

The affirmations of plaintiffs orthopedic expert raise an issue of fact as to whether plaintiff sustained a serious injury (see Toure v Avis Rent A Car Sys., 98 NY2d 345, 350-351 [2002]). We have considered appellant’s other arguments and find them unavailing. Concur — Andrias, J.P., Saxe, Lerner, Friedman and Marlow, JJ.

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Order, Supreme Court, Bronx County (Anne Targum, J.), entered October 9, 2002, which denied defendant-appellant’s motion for summary judgment dismissing the complaint for lack of serious injury as required by Insurance Law § 5102 (d), unanimously affirmed, without costs.

The affirmations of plaintiffs orthopedic expert raise an issue of fact as to whether plaintiff sustained a serious injury (see Toure v Avis Rent A Car Sys., 98 NY2d 345, 350-351 [2002]). We have considered appellant’s other arguments and find them unavailing. Concur — Andrias, J.P., Saxe, Lerner, Friedman and Marlow, JJ.

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Bluebook (online)

304 A.D.2d 428, 757 N.Y.S.2d 435, 2003 N.Y. App. Div. LEXIS 4162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guillebeaux-v-abney-nyappdiv-2003.

Opinion

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