Lawson v. Aquino

Appellate Division of the Supreme Court of New York

Lawson v. Aquino

172 A.D.2d 591, 570 N.Y.S.2d 944, 1991 N.Y. App. Div. LEXIS 4654

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

DecidedApril 8, 1991

StatusPublished

This text of 172 A.D.2d 591 (Lawson v. Aquino) 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

Lawson v. Aquino, 172 A.D.2d 591, 570 N.Y.S.2d 944, 1991 N.Y. App. Div. LEXIS 4654 (N.Y. Ct. App. 1991).

Pincite

Opinion

In an action to recover damages for personal injuries, the third-party defendants appeal from so much of an order of the [592]*592Supreme Court, Kings County (G. Aronin, J.), dated September 6, 1989, as denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Because this record presents a triable issue as to whether the plaintiff suffered "serious injury” as defined by Insurance Law § 5102 (d), the Supreme Court properly denied the third-party defendants’ motion for summary judgment on that ground (see, Licari v Elliott, 57 NY2d 230). Bracken, J. P., Kooper, Lawrence, Balletta and O’Brien, JJ., concur.

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In an action to recover damages for personal injuries, the third-party defendants appeal from so much of an order of the [592]*592Supreme Court, Kings County (G. Aronin, J.), dated September 6, 1989, as denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Because this record presents a triable issue as to whether the plaintiff suffered "serious injury” as defined by Insurance Law § 5102 (d), the Supreme Court properly denied the third-party defendants’ motion for summary judgment on that ground (see, Licari v Elliott, 57 NY2d 230). Bracken, J. P., Kooper, Lawrence, Balletta and O’Brien, JJ., concur.

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Bluebook (online)

172 A.D.2d 591, 570 N.Y.S.2d 944, 1991 N.Y. App. Div. LEXIS 4654, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawson-v-aquino-nyappdiv-1991.

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