Stein v. Lopez

Appellate Division of the Supreme Court of New York

Stein v. Lopez

205 A.D.2d 524, 614 N.Y.S.2d 273, 1994 N.Y. App. Div. LEXIS 5990

Appellate Division of the Supreme Court of the State of New York·Decided June 6, 1994·Published

Opinion

In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Suffolk County (Gerard, J.), dated [525]*525September 17, 1992, which denied their motion for summary judgment dismissing the complaint on the ground that the plaintiff failed to sustain a serious injury.

Ordered that the order is affirmed, with costs.

The medical reports which the defendants submitted in support of their motion failed to make a prima facie showing of entitlement to summary judgment as a matter of law (see, Pagano v Kingsbury, 182 AD2d 268). Mangano, P. J., Balletta, O’Brien, Hart and Florio, JJ., concur.

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In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Suffolk County (Gerard, J.), dated [525]*525September 17, 1992, which denied their motion for summary judgment dismissing the complaint on the ground that the plaintiff failed to sustain a serious injury.

Ordered that the order is affirmed, with costs.

The medical reports which the defendants submitted in support of their motion failed to make a prima facie showing of entitlement to summary judgment as a matter of law (see, Pagano v Kingsbury, 182 AD2d 268). Mangano, P. J., Balletta, O’Brien, Hart and Florio, JJ., concur.

Stein v. Lopez, 205 A.D.2d 524, 614 N.Y.S.2d 273, 1994 N.Y. App. Div. LEXIS 5990 (N.Y. Ct. App. 1994).

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Opinion

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