Pena v. Orlando

239 A.D.2d 326, 657 N.Y.S.2d 980, 1997 N.Y. App. Div. LEXIS 4626
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 5, 1997
StatusPublished
Cited by2 cases

This text of 239 A.D.2d 326 (Pena v. Orlando) 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
Pena v. Orlando, 239 A.D.2d 326, 657 N.Y.S.2d 980, 1997 N.Y. App. Div. LEXIS 4626 (N.Y. Ct. App. 1997).

Opinion

In an action to recover damages for personal injuries, the defendant appeals from an order of the [327]*327Supreme Court, Queens County (Lisa, J.), dated October 7, 1996, 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).

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that there remains an issue of fact as to whether the plaintiff sustained a serious injury within the meaning of Insurance Law § 5102 (d) (see generally, Licari v Elliott, 57 NY2d 230). Mangano, P. J., Ritter, Sullivan, Altman and McGinity, JJ., concur.

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Related

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257 A.D.2d 604 (Appellate Division of the Supreme Court of New York, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
239 A.D.2d 326, 657 N.Y.S.2d 980, 1997 N.Y. App. Div. LEXIS 4626, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pena-v-orlando-nyappdiv-1997.