Maliadis v. Giaconnelli

Appellate Division of the Supreme Court of New York

Maliadis v. Giaconnelli

191 A.D.2d 682, 595 N.Y.S.2d 540, 1993 N.Y. App. Div. LEXIS 3163

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

DecidedMarch 29, 1993

StatusPublished

Cited by1 cases

This text of 191 A.D.2d 682 (Maliadis v. Giaconnelli) 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.

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Maliadis v. Giaconnelli, 191 A.D.2d 682, 595 N.Y.S.2d 540, 1993 N.Y. App. Div. LEXIS 3163 (N.Y. Ct. App. 1993).

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Opinion

—In an action to recover damages for personal injuries, the defendant Michael Giaconnelli appeals from an order of the Supreme Court, Queens County (Lane, J.), dated January 25, 1991, which denied his motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

By relying solely on an unsworn medical report of his own physician, the plaintiff failed to submit sufficient evidence in opposition to the appellant’s motion for summary judgment (see, Pagano v Kingsbury, 182 AD2d 268). Moreover, we conclude that the plaintiff has failed to establish a prima facie case of serious injury within the meaning of Insurance Law § 5102 (d) (see, Licari v Elliott, 57 NY2d 230; Phillips v Costa, 160 AD2d 855; Philpotts v Petrovic, 160 AD2d 856). Bracken, J. P., Lawrence, Miller, Copertino and Santucci, JJ., concur.

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—In an action to recover damages for personal injuries, the defendant Michael Giaconnelli appeals from an order of the Supreme Court, Queens County (Lane, J.), dated January 25, 1991, which denied his motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

By relying solely on an unsworn medical report of his own physician, the plaintiff failed to submit sufficient evidence in opposition to the appellant’s motion for summary judgment (see, Pagano v Kingsbury, 182 AD2d 268). Moreover, we conclude that the plaintiff has failed to establish a prima facie case of serious injury within the meaning of Insurance Law § 5102 (d) (see, Licari v Elliott, 57 NY2d 230; Phillips v Costa, 160 AD2d 855; Philpotts v Petrovic, 160 AD2d 856). Bracken, J. P., Lawrence, Miller, Copertino and Santucci, JJ., concur.

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191 A.D.2d 682, 595 N.Y.S.2d 540, 1993 N.Y. App. Div. LEXIS 3163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maliadis-v-giaconnelli-nyappdiv-1993.

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