Lombardo v. Hayward

Appellate Division of the Supreme Court of New York

Lombardo v. Hayward

124 A.D.2d 790, 508 N.Y.S.2d 510, 1986 N.Y. App. Div. LEXIS 62108

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

DecidedNovember 24, 1986

StatusPublished

This text of 124 A.D.2d 790 (Lombardo v. Hayward) 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

Lombardo v. Hayward, 124 A.D.2d 790, 508 N.Y.S.2d 510, 1986 N.Y. App. Div. LEXIS 62108 (N.Y. Ct. App. 1986).

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Opinion

On the defendant’s motion for summary judgment, the court found that the plaintiffs had not raised a triable issue of fact [791]*791as to "serious injury” within the meaning of Insurance Law § 5102 (d) (Insurance Law former § 671 [4]; see, Brown v Visan Fuel Oil Co., 114 AD2d 396). Nothing in the record persuades us that this conclusion was erroneous. By the injured plaintiffs own account, the consequences of the accident involving the plaintiffs and the defendant were too minor for any injury she suffered to have resulted in permanent loss of use, or permanent consequential use of a body organ, member or function or significant limitation of such use, or to have been a substantial daily impediment to the injured plaintiff’s usual and customary activities (see, Insurance Law § 5102 [d]). Mollen, P. J., Brown, Weinstein and Rubin, JJ., concur.

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On the defendant’s motion for summary judgment, the court found that the plaintiffs had not raised a triable issue of fact [791]*791as to "serious injury” within the meaning of Insurance Law § 5102 (d) (Insurance Law former § 671 [4]; see, Brown v Visan Fuel Oil Co., 114 AD2d 396). Nothing in the record persuades us that this conclusion was erroneous. By the injured plaintiffs own account, the consequences of the accident involving the plaintiffs and the defendant were too minor for any injury she suffered to have resulted in permanent loss of use, or permanent consequential use of a body organ, member or function or significant limitation of such use, or to have been a substantial daily impediment to the injured plaintiff’s usual and customary activities (see, Insurance Law § 5102 [d]). Mollen, P. J., Brown, Weinstein and Rubin, JJ., concur.

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Bluebook (online)

124 A.D.2d 790, 508 N.Y.S.2d 510, 1986 N.Y. App. Div. LEXIS 62108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lombardo-v-hayward-nyappdiv-1986.

Opinion

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