Metrow v. St. John the Baptist Roman Catholic Church

Appellate Division of the Supreme Court of New York

Metrow v. St. John the Baptist Roman Catholic Church

225 A.D.2d 1101, 639 N.Y.2d 748, 639 N.Y.S.2d 748, 1996 N.Y. App. Div. LEXIS 2813

Appellate Division of the Supreme Court of the State of New York·Decided March 8, 1996·Published·Cited by 1 cases

Opinion

Memorandum: Supreme Court did not err in denying defendants’ motion to dismiss the complaint on the ground that plaintiff did not suffer a serious injury as defined in Insurance Law § 5102 (d). On a motion to dismiss that has not been converted to a motion for summary judgment, affidavits submitted by the defendant will seldom, if ever, warrant dismissal unless "the affidavits establish conclusively that plaintiff has no cause of action” (Rovello v Orofino Realty Co., 40 NY2d 633, 636; see also, Hinrichs v Youssef, 214 AD2d 604). The evidence submitted by defendants does not establish conclusively that plaintiff has no cause of action. (Appeal from Order of Supreme Court, Kings County, Aronin, J; — Dismiss Complaint.) Present-Green, J. P., Lawton, Wesley, Doerr and Davis, JJ.

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Memorandum: Supreme Court did not err in denying defendants’ motion to dismiss the complaint on the ground that plaintiff did not suffer a serious injury as defined in Insurance Law § 5102 (d). On a motion to dismiss that has not been converted to a motion for summary judgment, affidavits submitted by the defendant will seldom, if ever, warrant dismissal unless "the affidavits establish conclusively that plaintiff has no cause of action” (Rovello v Orofino Realty Co., 40 NY2d 633, 636; see also, Hinrichs v Youssef, 214 AD2d 604). The evidence submitted by defendants does not establish conclusively that plaintiff has no cause of action. (Appeal from Order of Supreme Court, Kings County, Aronin, J; — Dismiss Complaint.) Present-Green, J. P., Lawton, Wesley, Doerr and Davis, JJ.

Metrow v. St. John the Baptist Roman Catholic Church, 225 A.D.2d 1101, 639 N.Y.2d 748, 639 N.Y.S.2d 748, 1996 N.Y. App. Div. LEXIS 2813 (N.Y. Ct. App. 1996).

Pincite

225 A.D.2d 1101 (Metrow v. St. John the Baptist Roman Catholic Church) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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