Nicosia v. Straberg

Appellate Division of the Supreme Court of New York

Nicosia v. Straberg

236 A.D.2d 595, 654 N.Y.S.2d 675, 1997 N.Y. App. Div. LEXIS 1551

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

DecidedFebruary 24, 1997

StatusPublished

Cited by1 cases

This text of 236 A.D.2d 595 (Nicosia v. Straberg) 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

Nicosia v. Straberg, 236 A.D.2d 595, 654 N.Y.S.2d 675, 1997 N.Y. App. Div. LEXIS 1551 (N.Y. Ct. App. 1997).

Pincite

Opinion

—In a negligence action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Vinik, J.), dated February 2, 1996, which granted the defendants’ motion pursuant to CPLR 3212 for summary judgment dismissing the complaint based on the plaintiff’s failure to sustain a serious injury as defined by Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.

The affirmation submitted by Dr. Michael V. Marrone made out a prima facie case (see, CPLR 3212 [b]) that the plaintiff did not sustain a serious injury as defined by Insurance Law § 5102 (d). The evidence submitted by the plaintiff in opposition to the motion, consisting of, among other documents, his affidavit and the affirmation prepared by his treating physician, Dr. Jeffrey Gross, failed to raise a triable issue of fact (see, CPLR 3212 [b]). Mangano, P. J., Ritter, Sullivan, Altman and McGinity, JJ., concur.

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—In a negligence action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Vinik, J.), dated February 2, 1996, which granted the defendants’ motion pursuant to CPLR 3212 for summary judgment dismissing the complaint based on the plaintiff’s failure to sustain a serious injury as defined by Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.

The affirmation submitted by Dr. Michael V. Marrone made out a prima facie case (see, CPLR 3212 [b]) that the plaintiff did not sustain a serious injury as defined by Insurance Law § 5102 (d). The evidence submitted by the plaintiff in opposition to the motion, consisting of, among other documents, his affidavit and the affirmation prepared by his treating physician, Dr. Jeffrey Gross, failed to raise a triable issue of fact (see, CPLR 3212 [b]). Mangano, P. J., Ritter, Sullivan, Altman and McGinity, JJ., concur.

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Bluebook (online)

236 A.D.2d 595, 654 N.Y.S.2d 675, 1997 N.Y. App. Div. LEXIS 1551, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nicosia-v-straberg-nyappdiv-1997.

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