Spina v. Melvin

Appellate Division of the Supreme Court of New York

Spina v. Melvin

289 A.D.2d 956, 735 N.Y.S.2d 441, 2001 N.Y. App. Div. LEXIS 12489

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 21, 2001

StatusPublished

Cited by1 cases

This text of 289 A.D.2d 956 (Spina v. Melvin) 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

Spina v. Melvin, 289 A.D.2d 956, 735 N.Y.S.2d 441, 2001 N.Y. App. Div. LEXIS 12489 (N.Y. Ct. App. 2001).

Pincite

Opinion

Order unanimously reversed on the law without costs, motion denied and complaint reinstated. Memorandum: Supreme Court erred in granting defendant’s motion for summary judgment dismissing the complaint on the ground that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Although defendant met his initial burden on the motion, plaintiff raised a triable issue of fact by her own affidavit and that of her treating chiropractor (see, Rodriguez v Duggan, 266 AD2d 859; see also, Moreno v Delcid, 262 AD2d 464, 465; Nathanson v David, 244 AD2d 930). (Appeal from Order of Supreme Court, Erie County, Michalek, J. — Summary Judgment.) Present — Pine, J. P., Hayes, Hurlbutt, Kehoe and Lawton, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order unanimously reversed on the law without costs, motion denied and complaint reinstated. Memorandum: Supreme Court erred in granting defendant’s motion for summary judgment dismissing the complaint on the ground that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Although defendant met his initial burden on the motion, plaintiff raised a triable issue of fact by her own affidavit and that of her treating chiropractor (see, Rodriguez v Duggan, 266 AD2d 859; see also, Moreno v Delcid, 262 AD2d 464, 465; Nathanson v David, 244 AD2d 930). (Appeal from Order of Supreme Court, Erie County, Michalek, J. — Summary Judgment.) Present — Pine, J. P., Hayes, Hurlbutt, Kehoe and Lawton, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

289 A.D.2d 956, 735 N.Y.S.2d 441, 2001 N.Y. App. Div. LEXIS 12489, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spina-v-melvin-nyappdiv-2001.

Opinion

Related

Cite This Page — Counsel Stack