Passalacqua v. Tomko

Appellate Division of the Supreme Court of New York

Passalacqua v. Tomko

134 A.D.2d 961, 521 N.Y.S.2d 1020, 1987 N.Y. App. Div. LEXIS 51171

Appellate Division of the Supreme Court of the State of New York·Decided November 10, 1987·Published·Cited by 1 cases

Opinion

— Order unanimously reversed on the law without costs and motion granted. Memorandum: Defendant’s motion for summary judgment dismissing the complaint should have been granted because plaintiff failed to meet the threshold of Insurance Law § 5102 (d). Subjective complaints of the plaintiff without medical foundation are insufficient to establish a prima facie case of serious injury within the purview of the statute (Costa v Billingsley, 127 AD2d 990; Doyle v Erie County Water Auth., 113 AD2d 1016). (Appeal from order of Supreme Court, Ontario County, Henry, J. — summary judgment.) Present — Callahan, J. P., Denman, Boomer, Pine and Lawton, JJ.

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— Order unanimously reversed on the law without costs and motion granted. Memorandum: Defendant’s motion for summary judgment dismissing the complaint should have been granted because plaintiff failed to meet the threshold of Insurance Law § 5102 (d). Subjective complaints of the plaintiff without medical foundation are insufficient to establish a prima facie case of serious injury within the purview of the statute (Costa v Billingsley, 127 AD2d 990; Doyle v Erie County Water Auth., 113 AD2d 1016). (Appeal from order of Supreme Court, Ontario County, Henry, J. — summary judgment.) Present — Callahan, J. P., Denman, Boomer, Pine and Lawton, JJ.

Passalacqua v. Tomko, 134 A.D.2d 961, 521 N.Y.S.2d 1020, 1987 N.Y. App. Div. LEXIS 51171 (N.Y. Ct. App. 1987).

Pincite

134 A.D.2d 961 (Passalacqua v. Tomko) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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