Jaimes v. Canarsie Lumber, Inc.

Appellate Division of the Supreme Court of New York

Jaimes v. Canarsie Lumber, Inc.

302 A.D.2d 494, 755 N.Y.S.2d 282

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

DecidedFebruary 18, 2003

StatusPublished

This text of 302 A.D.2d 494 (Jaimes v. Canarsie Lumber, Inc.) 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

Jaimes v. Canarsie Lumber, Inc., 302 A.D.2d 494, 755 N.Y.S.2d 282 (N.Y. Ct. App. 2003).

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Opinion

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Kings County (Jackson, J.), dated March 27, 2002, which, upon granting the defendants’ motion for summary judgment dismissing the complaint on the ground that the plaintiff Crisantos Jaimes did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), dismissed the complaint.

Ordered that the order and judgment is affirmed, with costs.

We agree with the Supreme Court that the plaintiffs failed to come forward with sufficient admissible evidence to rebut the defendants’ showing that the plaintiff Crisantos Jaimes did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see Amato v Psaltakis, 279 AD2d 439 [2001]). Thus, the defendant’s motion for summary judgment dismissing the complaint was properly granted (see Licari v Elliott, 57 [495]*495NY2d 230 [1982]). Feuerstein, J.P., Goldstein, H. Miller and Rivera, JJ., concur.

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In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Kings County (Jackson, J.), dated March 27, 2002, which, upon granting the defendants’ motion for summary judgment dismissing the complaint on the ground that the plaintiff Crisantos Jaimes did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), dismissed the complaint.

Ordered that the order and judgment is affirmed, with costs.

We agree with the Supreme Court that the plaintiffs failed to come forward with sufficient admissible evidence to rebut the defendants’ showing that the plaintiff Crisantos Jaimes did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see Amato v Psaltakis, 279 AD2d 439 [2001]). Thus, the defendant’s motion for summary judgment dismissing the complaint was properly granted (see Licari v Elliott, 57 [495]*495NY2d 230 [1982]). Feuerstein, J.P., Goldstein, H. Miller and Rivera, JJ., concur.

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Bluebook (online)

302 A.D.2d 494, 755 N.Y.S.2d 282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jaimes-v-canarsie-lumber-inc-nyappdiv-2003.

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