Hernandez v. Yacco

Appellate Division of the Supreme Court of New York

Hernandez v. Yacco

207 A.D.2d 1029, 617 N.Y.S.2d 676

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

DecidedSeptember 30, 1994

StatusPublished

Cited by1 cases

This text of 207 A.D.2d 1029 (Hernandez v. Yacco) 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.

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Hernandez v. Yacco, 207 A.D.2d 1029, 617 N.Y.S.2d 676 (N.Y. Ct. App. 1994).

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—Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted summary judgment dismissing the complaint. In support of their motion, defendants submitted evidence sufficient to demonstrate, as a matter of law, that plaintiff had not suffered a serious injury within the meaning of Insurance Law § 5102 (d) (see, Gaddy v Eyler, 79 NY2d 955; DuMont v Sandhir, 201 AD2d 450; Logan v Laidlaw School Tr., 175 AD2d 568). Plaintiff, in opposition to the motion, failed "to make a prima facie showing of serious injury sufficient to raise a triable issue of fact” (Costa v Billingsley, 127 AD2d 990, 991). (Appeal from Order of Supreme Court, Oneida County, Tenney, J.— Summary Judgment.) Present—Denman, P. J., Green, Fallon, Wesley and Doerr, JJ.

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—Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted summary judgment dismissing the complaint. In support of their motion, defendants submitted evidence sufficient to demonstrate, as a matter of law, that plaintiff had not suffered a serious injury within the meaning of Insurance Law § 5102 (d) (see, Gaddy v Eyler, 79 NY2d 955; DuMont v Sandhir, 201 AD2d 450; Logan v Laidlaw School Tr., 175 AD2d 568). Plaintiff, in opposition to the motion, failed "to make a prima facie showing of serious injury sufficient to raise a triable issue of fact” (Costa v Billingsley, 127 AD2d 990, 991). (Appeal from Order of Supreme Court, Oneida County, Tenney, J.— Summary Judgment.) Present—Denman, P. J., Green, Fallon, Wesley and Doerr, JJ.

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207 A.D.2d 1029, 617 N.Y.S.2d 676, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hernandez-v-yacco-nyappdiv-1994.

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