Jean v. Lima
This text of 47 A.D.3d 680 (Jean v. Lima) 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.
Opinion
In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Rockland County (Liebowitz, J.), entered March 12, 2007, which denied her motion for summary judgment dismissing the complaint on the ground that neither of the plaintiffs sustained a serious injury within the meaning of Insurance Law § 5102 (d).
Ordered that the order is affirmed, with costs.
The defendant made a prima facie showing that neither of the plaintiffs sustained a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (see Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]; Gaddy v Eyler.; 79 NY2d 955, 956-957 [1992]). In opposition, the plaintiffs raised a triable issue of fact. Spolzino, J.P., Skelos, Lifson and McCarthy, JJ., concur.
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Cite This Page — Counsel Stack
47 A.D.3d 680, 848 N.Y.S.2d 900, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jean-v-lima-nyappdiv-2008.