Hawkins v. Montero

Appellate Division of the Supreme Court of New York

Hawkins v. Montero

250 A.D.2d 813, 671 N.Y.S.2d 1013, 1998 N.Y. App. Div. LEXIS 6027

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

DecidedMay 26, 1998

StatusPublished

Cited by1 cases

This text of 250 A.D.2d 813 (Hawkins v. Montero) 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

Hawkins v. Montero, 250 A.D.2d 813, 671 N.Y.S.2d 1013, 1998 N.Y. App. Div. LEXIS 6027 (N.Y. Ct. App. 1998).

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Opinion

—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Hall, J.), dated June 16, 1997, 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.

We agree with the Supreme Court that the defendant’s motion papers failed to establish a prima facie case that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see, Rosmarin v Lamontanaro, 238 AD2d 567; Flanagan v Hoeg, 212 AD2d 756). O’Brien, J. P., Ritter, Thompson, Friedmann and Goldstein, 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, Suffolk County (Hall, J.), dated June 16, 1997, 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.

We agree with the Supreme Court that the defendant’s motion papers failed to establish a prima facie case that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see, Rosmarin v Lamontanaro, 238 AD2d 567; Flanagan v Hoeg, 212 AD2d 756). O’Brien, J. P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.

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Bluebook (online)

250 A.D.2d 813, 671 N.Y.S.2d 1013, 1998 N.Y. App. Div. LEXIS 6027, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hawkins-v-montero-nyappdiv-1998.

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