Stern v. Agency Rent-A-Car, Inc.

Appellate Division of the Supreme Court of New York

Stern v. Agency Rent-A-Car, Inc.

124 A.D.2d 799, 508 N.Y.S.2d 522, 1986 N.Y. App. Div. LEXIS 62119

Appellate Division of the Supreme Court of the State of New York·Decided November 24, 1986·Published

Opinion

The infant plaintiff suffered physical injuries when she cut her knee on a metal object that was protruding from within the interior of a vehicle that her father had rented from the defendant. The issue which we are asked to resolve on appeal is whether the plaintiffs sufficiently established that the infant suffered "serious injury” within the meaning of Insurance Law § 5102 (d).

[800] The affidavits submitted by the plaintiffs fail to sufficiently demonstrate that the infant sustained serious injury so as to withstand the defendant’s cross motion for summary judgment (see, Post v Broderick, 104 AD2d 977). Thompson, J. P., Bracken, Lawrence and Eiber, JJ., concur.

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

The infant plaintiff suffered physical injuries when she cut her knee on a metal object that was protruding from within the interior of a vehicle that her father had rented from the defendant. The issue which we are asked to resolve on appeal is whether the plaintiffs sufficiently established that the infant suffered "serious injury” within the meaning of Insurance Law § 5102 (d).

[800] The affidavits submitted by the plaintiffs fail to sufficiently demonstrate that the infant sustained serious injury so as to withstand the defendant’s cross motion for summary judgment (see, Post v Broderick, 104 AD2d 977). Thompson, J. P., Bracken, Lawrence and Eiber, JJ., concur.

Stern v. Agency Rent-A-Car, Inc., 124 A.D.2d 799, 508 N.Y.S.2d 522, 1986 N.Y. App. Div. LEXIS 62119 (N.Y. Ct. App. 1986).

Pincite

124 A.D.2d 799 (Stern v. Agency Rent-A-Car, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related