Varkey v. Gonzalez

Appellate Division of the Supreme Court of New York

Varkey v. Gonzalez

225 A.D.2d 760, 639 N.Y.2d 945, 639 N.Y.S.2d 945, 1996 N.Y. App. Div. LEXIS 3146

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

DecidedMarch 25, 1996

StatusPublished

This text of 225 A.D.2d 760 (Varkey v. Gonzalez) 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

Varkey v. Gonzalez, 225 A.D.2d 760, 639 N.Y.2d 945, 639 N.Y.S.2d 945, 1996 N.Y. App. Div. LEXIS 3146 (N.Y. Ct. App. 1996).

Pincite

Opinion

The evidence submitted by the defendant in support of his motion made out a prima facie case that the plaintiff had not sustained a serious injury as defined by Insurance Law § 5102 (d).

The only medical evidence which the plaintiff submitted in opposition to the motion, an affidavit prepared by his treating physician, Dr. Leo Batash, failed to provide objective evidence of the extent or degree of the alleged "significant limitation” (see, Beckett v Conte, 176 AD2d 774; Petrone v Thornton, 166 AD2d 513; Phillips v Costa, 160 AD2d 855). Miller, J. P., Joy, Hart and Krausman, JJ., concur.

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The evidence submitted by the defendant in support of his motion made out a prima facie case that the plaintiff had not sustained a serious injury as defined by Insurance Law § 5102 (d).

The only medical evidence which the plaintiff submitted in opposition to the motion, an affidavit prepared by his treating physician, Dr. Leo Batash, failed to provide objective evidence of the extent or degree of the alleged "significant limitation” (see, Beckett v Conte, 176 AD2d 774; Petrone v Thornton, 166 AD2d 513; Phillips v Costa, 160 AD2d 855). Miller, J. P., Joy, Hart and Krausman, JJ., concur.

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Bluebook (online)

225 A.D.2d 760, 639 N.Y.2d 945, 639 N.Y.S.2d 945, 1996 N.Y. App. Div. LEXIS 3146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/varkey-v-gonzalez-nyappdiv-1996.

Opinion

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