Quirino v. Educational Bus Trans, Inc.

299 A.D.2d 532, 750 N.Y.S.2d 507

This text of 299 A.D.2d 532 (Quirino v. Educational Bus Trans, Inc.) 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
Quirino v. Educational Bus Trans, Inc., 299 A.D.2d 532, 750 N.Y.S.2d 507 (N.Y. Ct. App. 2002).

Opinion

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Underwood, J.), dated August 24, 2001, which granted the defendants’ 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).

[533]*533Ordered that the order is affirmed, with costs.

The defendants’ medical evidence established a prima facie case that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see Gaddy v Eyler, 79 NY2d 955, 956-957). The medical evidence submitted by the plaintiff in opposition to the motion failed to raise a triable issue of fact (see CPLR 3212 [b]). Altman, J.P., S. Miller, McGinity, Schmidt and Rivera, JJ., concur.

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Related

Gaddy v. Eyler
591 N.E.2d 1176 (New York Court of Appeals, 1992)

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Bluebook (online)
299 A.D.2d 532, 750 N.Y.S.2d 507, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quirino-v-educational-bus-trans-inc-nyappdiv-2002.