Mbutu v. Commuter Express Inc.

Appellate Division of the Supreme Court of New York

Mbutu v. Commuter Express Inc.

224 A.D.2d 401, 637 N.Y.S.2d 749, 1996 N.Y. App. Div. LEXIS 898

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

DecidedFebruary 5, 1996

StatusPublished

This text of 224 A.D.2d 401 (Mbutu v. Commuter Express Inc.) 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

Mbutu v. Commuter Express Inc., 224 A.D.2d 401, 637 N.Y.S.2d 749, 1996 N.Y. App. Div. LEXIS 898 (N.Y. Ct. App. 1996).

Pincite

Opinion

—In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Queens County (O’Donoghue, J.), dated November 22, 1994, which denied their motion for summary judgment.

Ordered that the order is reversed, on the law, with costs, and the defendants’ motion for summary judgment is granted.

The defendants were entitled to summary judgment dismissing the complaint. The defendants submitted Workers’ Compensation Board records which established that the injured plaintiffs injuries were sustained as the result of a work-related accident that occurred on July 19, 1988, which was two months after the automobile accident that is the subject of this lawsuit. In addition, the record shows that the plaintiff did not receive any medical treatment or miss any work as a result of the automobile accident. Furthermore, the plaintiff failed to [402]*402submit any medical records or physician’s affidavits connecting his alleged injuries with the automobile accident. Balletta, J. P., O’Brien, Ritter, Pizzuto and Altman, JJ., concur.

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—In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Queens County (O’Donoghue, J.), dated November 22, 1994, which denied their motion for summary judgment.

Ordered that the order is reversed, on the law, with costs, and the defendants’ motion for summary judgment is granted.

The defendants were entitled to summary judgment dismissing the complaint. The defendants submitted Workers’ Compensation Board records which established that the injured plaintiffs injuries were sustained as the result of a work-related accident that occurred on July 19, 1988, which was two months after the automobile accident that is the subject of this lawsuit. In addition, the record shows that the plaintiff did not receive any medical treatment or miss any work as a result of the automobile accident. Furthermore, the plaintiff failed to [402]*402submit any medical records or physician’s affidavits connecting his alleged injuries with the automobile accident. Balletta, J. P., O’Brien, Ritter, Pizzuto and Altman, JJ., concur.

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Bluebook (online)

224 A.D.2d 401, 637 N.Y.S.2d 749, 1996 N.Y. App. Div. LEXIS 898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mbutu-v-commuter-express-inc-nyappdiv-1996.