Home/Appellate Division of the Supreme Court of New York/Schmitt v. Reeves

Schmitt v. Reeves

273 A.D.2d 295, 710 N.Y.S.2d 541, 2000 N.Y. App. Div. LEXIS 6500
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 12, 2000
StatusPublished

This text of 273 A.D.2d 295 (Schmitt v. Reeves) 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
Schmitt v. Reeves, 273 A.D.2d 295, 710 N.Y.S.2d 541, 2000 N.Y. App. Div. LEXIS 6500 (N.Y. Ct. App. 2000).

Opinions

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Underwood, J.), entered May 12, 1999, which granted the defendant’s 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 the defendant submitted admissible evidence demonstrating that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), and that the plaintiff failed to come forward with competent evidence to create an issue of fact (see, Scheer v Koubek, 70 NY2d 678; Cofsky v Hourican, 260 AD2d 422; Verrelli v Tronolone, 230 AD2d 789; Yamin v Brougham Bus Transp., 220 AD2d 739). Bracken, J. P., Joy, Thompson and Feuerstein, JJ., concur.

Goldstein, J., dissents and votes to reverse the order appealed from, on the law, and to deny the motion for summary judgment, with the following memorandum.

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Related

Licari v. Elliott
441 N.E.2d 1088 (New York Court of Appeals, 1982)
Scheer v. Koubek
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189 A.D.2d 1043 (Appellate Division of the Supreme Court of New York, 1993)
Gonzalez v. Brayley
199 A.D.2d 1013 (Appellate Division of the Supreme Court of New York, 1993)
Yamin v. Brougham Bus Transportation, Inc.
220 A.D.2d 739 (Appellate Division of the Supreme Court of New York, 1995)
Verrelli v. Tronolone
230 A.D.2d 789 (Appellate Division of the Supreme Court of New York, 1996)
Duarte v. Ester
247 A.D.2d 356 (Appellate Division of the Supreme Court of New York, 1998)
Myrick v. Bonter
249 A.D.2d 906 (Appellate Division of the Supreme Court of New York, 1998)
Watson v. FHE Services, Inc.
258 A.D.2d 618 (Appellate Division of the Supreme Court of New York, 1999)
Cofsky v. Hourican
260 A.D.2d 422 (Appellate Division of the Supreme Court of New York, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
273 A.D.2d 295, 710 N.Y.S.2d 541, 2000 N.Y. App. Div. LEXIS 6500, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schmitt-v-reeves-nyappdiv-2000.