Mills v. New York City Health & Hospitals Corp.

Appellate Division of the Supreme Court of New York

Mills v. New York City Health & Hospitals Corp.

211 A.D.2d 466, 621 N.Y.S.2d 863

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

DecidedJanuary 12, 1995

StatusPublished

This text of 211 A.D.2d 466 (Mills v. New York City Health & Hospitals Corp.) 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

Mills v. New York City Health & Hospitals Corp., 211 A.D.2d 466, 621 N.Y.S.2d 863 (N.Y. Ct. App. 1995).

Pincite

Opinion

Judgment, Supreme Court, New York County (Leland DeGrasse, J.), entered September 22, 1993, upon a jury verdict, in favor of defendant, unanimously affirmed, without costs.

The evidence at trial did not warrant an instruction asking the jury to determine whether plaintiff suffered a "significant limitation of use of a body function or system” as defined in section 5102 (d) of the Insurance Law. The trial court properly charged "permanent consequential limitation of use of body organ or member” where plaintiff had sought to prove that he suffered permanent and disabling injuries. In addition, the verdict was not against the weight of the evidence. Concur— Murphy, P. J., Sullivan, Wallach, Nardelli and Tom, JJ.

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Judgment, Supreme Court, New York County (Leland DeGrasse, J.), entered September 22, 1993, upon a jury verdict, in favor of defendant, unanimously affirmed, without costs.

The evidence at trial did not warrant an instruction asking the jury to determine whether plaintiff suffered a "significant limitation of use of a body function or system” as defined in section 5102 (d) of the Insurance Law. The trial court properly charged "permanent consequential limitation of use of body organ or member” where plaintiff had sought to prove that he suffered permanent and disabling injuries. In addition, the verdict was not against the weight of the evidence. Concur— Murphy, P. J., Sullivan, Wallach, Nardelli and Tom, JJ.

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Bluebook (online)

211 A.D.2d 466, 621 N.Y.S.2d 863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mills-v-new-york-city-health-hospitals-corp-nyappdiv-1995.