Tsiamis v. Wen Chaun Liu

Appellate Division of the Supreme Court of New York

Tsiamis v. Wen Chaun Liu

259 A.D.2d 746, 685 N.Y.S.2d 643, 1999 N.Y. App. Div. LEXIS 3176

Appellate Division of the Supreme Court of the State of New York·Decided March 29, 1999·Published·Cited by 3 cases

Opinion

In an action to recover damages for [747]*747personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Thomas, J.), dated February 26, 1998, which denied his 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.

The affirmed reports of Dr. Kenneth Falvo and Dr. R. C. Krishna which the defendant submitted in support of his motion for summary judgment failed to establish the defendant’s entitlement to judgment as a matter of law (see, Maisonaves v Friedman, 255 AD2d 494; Bocci v Turkowitz, 255 AD2d 476; Pietrocola v Battibulli, 238 AD2d 864; Flanagan v Hoeg, 212 AD2d 756). Accordingly, summary judgment was properly denied. Bracken, J. P., Thompson, Goldstein and McGinity, JJ., concur.

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In an action to recover damages for [747]*747personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Thomas, J.), dated February 26, 1998, which denied his 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.

The affirmed reports of Dr. Kenneth Falvo and Dr. R. C. Krishna which the defendant submitted in support of his motion for summary judgment failed to establish the defendant’s entitlement to judgment as a matter of law (see, Maisonaves v Friedman, 255 AD2d 494; Bocci v Turkowitz, 255 AD2d 476; Pietrocola v Battibulli, 238 AD2d 864; Flanagan v Hoeg, 212 AD2d 756). Accordingly, summary judgment was properly denied. Bracken, J. P., Thompson, Goldstein and McGinity, JJ., concur.

Tsiamis v. Wen Chaun Liu, 259 A.D.2d 746, 685 N.Y.S.2d 643, 1999 N.Y. App. Div. LEXIS 3176 (N.Y. Ct. App. 1999).

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259 A.D.2d 746 (Tsiamis v. Wen Chaun Liu) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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