Locasio v. Astoria Bus Co.

Appellate Division of the Supreme Court of New York

Locasio v. Astoria Bus Co.

236 A.D.2d 447, 654 N.Y.S.2d 608, 1997 N.Y. App. Div. LEXIS 1210

Appellate Division of the Supreme Court of the State of New York·Decided February 10, 1997·Published·Cited by 1 cases

Opinion

—In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Dowd, J.), [448] dated January 8, 1996, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

After the defendants made out a prima facie case for summary judgment, the plaintiffs failed to raise a triable issue of fact (CPLR 3212 [b]) as to whether the plaintiff Vincent Locasio sustained a serious injury as defined by Insurance Law § 5102 (d). Rosenblatt, J. P., Copertino, Pizzuto, Krausman and Florio, JJ., concur.

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—In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Dowd, J.), [448] dated January 8, 1996, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

After the defendants made out a prima facie case for summary judgment, the plaintiffs failed to raise a triable issue of fact (CPLR 3212 [b]) as to whether the plaintiff Vincent Locasio sustained a serious injury as defined by Insurance Law § 5102 (d). Rosenblatt, J. P., Copertino, Pizzuto, Krausman and Florio, JJ., concur.

Locasio v. Astoria Bus Co., 236 A.D.2d 447, 654 N.Y.S.2d 608, 1997 N.Y. App. Div. LEXIS 1210 (N.Y. Ct. App. 1997).

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236 A.D.2d 447 (Locasio v. Astoria Bus Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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