Rich v. Colossal Carting Corp.

296 A.D.2d 392, 745 N.Y.S.2d 451, 2002 N.Y. App. Div. LEXIS 7082

This text of 296 A.D.2d 392 (Rich v. Colossal Carting Corp.) 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
Rich v. Colossal Carting Corp., 296 A.D.2d 392, 745 N.Y.S.2d 451, 2002 N.Y. App. Div. LEXIS 7082 (N.Y. Ct. App. 2002).

Opinion

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Weiss, J.), dated July 30, 2001, which denied their 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.

In support of their motion for summary judgment dismissing the complaint, the defendants failed to establish prima facie their entitlement to judgment as a matter of law on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see Gaddy v Eyler, 79 NY2d 955). Florio, J.P., Goldstein, Luciano and Cozier, 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)
296 A.D.2d 392, 745 N.Y.S.2d 451, 2002 N.Y. App. Div. LEXIS 7082, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rich-v-colossal-carting-corp-nyappdiv-2002.