O'Hearn v. Gallagher

Appellate Division of the Supreme Court of New York

O'Hearn v. Gallagher

220 A.D.2d 730, 633 N.Y.S.2d 984, 1995 N.Y. App. Div. LEXIS 10467

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

DecidedOctober 30, 1995

StatusPublished

This text of 220 A.D.2d 730 (O'Hearn v. Gallagher) 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

O'Hearn v. Gallagher, 220 A.D.2d 730, 633 N.Y.S.2d 984, 1995 N.Y. App. Div. LEXIS 10467 (N.Y. Ct. App. 1995).

Pincite

Opinion

—In a negligence action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Garry, J.), dated June 29, 1994, as granted the motion of the defendants Marsha A. Posner and Peter Posner, and the separate motion of the defendant Shawn F. Gallagher, respectively, for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs to the respondents Peter Posner and Marsha A. Posner.

The record shows that the plaintiff did not meet her burden of establishing "serious injury” as defined in Insurance Law § 5102 (d). Consequently, the court properly granted the defendants’ respective motion and cross motion for summary judgment dismissing the complaint (see, Licari v Elliott, 57 NY2d 230). Sullivan, J. P., Thompson, Copertino, Krausman and Florio, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In a negligence action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Garry, J.), dated June 29, 1994, as granted the motion of the defendants Marsha A. Posner and Peter Posner, and the separate motion of the defendant Shawn F. Gallagher, respectively, for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs to the respondents Peter Posner and Marsha A. Posner.

The record shows that the plaintiff did not meet her burden of establishing "serious injury” as defined in Insurance Law § 5102 (d). Consequently, the court properly granted the defendants’ respective motion and cross motion for summary judgment dismissing the complaint (see, Licari v Elliott, 57 NY2d 230). Sullivan, J. P., Thompson, Copertino, Krausman and Florio, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

220 A.D.2d 730, 633 N.Y.S.2d 984, 1995 N.Y. App. Div. LEXIS 10467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ohearn-v-gallagher-nyappdiv-1995.

Opinion

Related

Cite This Page — Counsel Stack