Palmeri v. Newson

Appellate Division of the Supreme Court of New York

Palmeri v. Newson

118 A.D.2d 633, 499 N.Y.S.2d 785, 1986 N.Y. App. Div. LEXIS 54493

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

DecidedMarch 10, 1986

StatusPublished

Cited by1 cases

This text of 118 A.D.2d 633 (Palmeri v. Newson) 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

Palmeri v. Newson, 118 A.D.2d 633, 499 N.Y.S.2d 785, 1986 N.Y. App. Div. LEXIS 54493 (N.Y. Ct. App. 1986).

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Opinion

— In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Pantano, J.), dated March 27, 1985, which granted the defendant’s motion for summary judgment on the ground that the plaintiff had failed to show that he had sustained a "serious injury” pursuant to Insurance Law § 5102 (d).

Order affirmed, with costs.

It is incumbent upon the court to decide in the first instance whether a plaintiff has established a prima facie case of serious injury within the meaning of Insurance Law § 5102 (d) (see, Licari v Elliott, 57 NY2d 230, 237). In the instant case, the medical report of the plaintiff’s treating physician indicates a rapid return to full-time employment and no limitation of motion or problems. The plaintiff has failed to establish that his injuries met any of the threshold requirements for serious injury within the meaning of the statute (see, D’Iorio v Brancoccio, 115 AD2d 634; De Filippo v White, 101 AD2d 801). Gibbons, J. P., Bracken, Weinstein and Niehoff, JJ., concur.

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— In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Pantano, J.), dated March 27, 1985, which granted the defendant’s motion for summary judgment on the ground that the plaintiff had failed to show that he had sustained a "serious injury” pursuant to Insurance Law § 5102 (d).

Order affirmed, with costs.

It is incumbent upon the court to decide in the first instance whether a plaintiff has established a prima facie case of serious injury within the meaning of Insurance Law § 5102 (d) (see, Licari v Elliott, 57 NY2d 230, 237). In the instant case, the medical report of the plaintiff’s treating physician indicates a rapid return to full-time employment and no limitation of motion or problems. The plaintiff has failed to establish that his injuries met any of the threshold requirements for serious injury within the meaning of the statute (see, D’Iorio v Brancoccio, 115 AD2d 634; De Filippo v White, 101 AD2d 801). Gibbons, J. P., Bracken, Weinstein and Niehoff, JJ., concur.

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Bluebook (online)

118 A.D.2d 633, 499 N.Y.S.2d 785, 1986 N.Y. App. Div. LEXIS 54493, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palmeri-v-newson-nyappdiv-1986.

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