McDowell v. Jia Ji Lin

Appellate Division of the Supreme Court of New York

McDowell v. Jia Ji Lin

243 A.D.2d 613, 665 N.Y.S.2d 522, 1997 N.Y. App. Div. LEXIS 10243

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

DecidedOctober 20, 1997

StatusPublished

Cited by1 cases

This text of 243 A.D.2d 613 (McDowell v. Jia Ji Lin) 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

McDowell v. Jia Ji Lin, 243 A.D.2d 613, 665 N.Y.S.2d 522, 1997 N.Y. App. Div. LEXIS 10243 (N.Y. Ct. App. 1997).

Pincite

Opinion

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Rappaport, J.), dated September 26, 1996, which denied his motion for summary judgment dismissing the complaint on the ground that the plaintiff failed to sustain a serious injury as defined by Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the medical evidence which the plaintiff submitted in opposition to the motion for summary judgment raised a triable issue of fact as to whether he sustained a serious injury as defined by Insurance Law § 5102 (d) (see, CPLR 3212 [b]). Bracken, J. P., Pizzuto, Altman and Krausman, JJ., concur.

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In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Rappaport, J.), dated September 26, 1996, which denied his motion for summary judgment dismissing the complaint on the ground that the plaintiff failed to sustain a serious injury as defined by Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the medical evidence which the plaintiff submitted in opposition to the motion for summary judgment raised a triable issue of fact as to whether he sustained a serious injury as defined by Insurance Law § 5102 (d) (see, CPLR 3212 [b]). Bracken, J. P., Pizzuto, Altman and Krausman, JJ., concur.

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Bluebook (online)

243 A.D.2d 613, 665 N.Y.S.2d 522, 1997 N.Y. App. Div. LEXIS 10243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdowell-v-jia-ji-lin-nyappdiv-1997.

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