Newby v. Naulaguari

Appellate Division of the Supreme Court of New York

Newby v. Naulaguari

272 A.D.2d 384, 707 N.Y.S.2d 359, 2000 N.Y. App. Div. LEXIS 5103

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

DecidedMay 8, 2000

StatusPublished

This text of 272 A.D.2d 384 (Newby v. Naulaguari) 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

Newby v. Naulaguari, 272 A.D.2d 384, 707 N.Y.S.2d 359, 2000 N.Y. App. Div. LEXIS 5103 (N.Y. Ct. App. 2000).

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Opinion

—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Westchester County (Barone, J.), entered May 25, 1999, which denied his motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

[385]*385Ordered that the order is affirmed, with costs.

The defendant failed to meet his initial burden of establishing prima facie entitlement to judgment as a matter of law. Thus, summary judgment was properly denied (see, Gaddy v Eyler, 79 NY2d 955, 956-957; Malary v New York City Tr. Auth., 232 AD2d 380). Mangano, P. J., Santucci, Krausman, Florio and Schmidt, 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, Westchester County (Barone, J.), entered May 25, 1999, which denied his motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

[385]*385Ordered that the order is affirmed, with costs.

The defendant failed to meet his initial burden of establishing prima facie entitlement to judgment as a matter of law. Thus, summary judgment was properly denied (see, Gaddy v Eyler, 79 NY2d 955, 956-957; Malary v New York City Tr. Auth., 232 AD2d 380). Mangano, P. J., Santucci, Krausman, Florio and Schmidt, JJ., concur.

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Bluebook (online)

272 A.D.2d 384, 707 N.Y.S.2d 359, 2000 N.Y. App. Div. LEXIS 5103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newby-v-naulaguari-nyappdiv-2000.

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