Napoli v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Napoli v. New York City Transit Authority

265 A.D.2d 312, 696 N.Y.S.2d 693, 1999 N.Y. App. Div. LEXIS 9645

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

DecidedOctober 4, 1999

StatusPublished

This text of 265 A.D.2d 312 (Napoli v. New York City Transit Authority) 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

Napoli v. New York City Transit Authority, 265 A.D.2d 312, 696 N.Y.S.2d 693, 1999 N.Y. App. Div. LEXIS 9645 (N.Y. Ct. App. 1999).

Pincite

Opinion

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Bruno, J.), entered July 20, 1998, which granted the defendant’s motion for summary judgment dismissing the complaint based upon the plaintiffs’ failure to sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.

After the defendant established its prima facie entitlement to judgment as a matter of law, the plaintiffs failed to raise a triable issue of fact (see, CPLR 3212 [b]) as to whether either of them sustained a serious injury within the meaning of Insurance Law § 5102 (d). O’Brien, J. P., Ritter, Joy, Altman and Smith, JJ., concur.

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—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Bruno, J.), entered July 20, 1998, which granted the defendant’s motion for summary judgment dismissing the complaint based upon the plaintiffs’ failure to sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.

After the defendant established its prima facie entitlement to judgment as a matter of law, the plaintiffs failed to raise a triable issue of fact (see, CPLR 3212 [b]) as to whether either of them sustained a serious injury within the meaning of Insurance Law § 5102 (d). O’Brien, J. P., Ritter, Joy, Altman and Smith, JJ., concur.

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Bluebook (online)

265 A.D.2d 312, 696 N.Y.S.2d 693, 1999 N.Y. App. Div. LEXIS 9645, Counsel Stack Legal Research, https://law.counselstack.com/opinion/napoli-v-new-york-city-transit-authority-nyappdiv-1999.

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