Waidenbaum v. MTA-Long Island Bus

Appellate Division of the Supreme Court of New York

Waidenbaum v. MTA-Long Island Bus

293 A.D.2d 601, 740 N.Y.S.2d 219, 2002 N.Y. App. Div. LEXIS 3720

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

DecidedApril 15, 2002

StatusPublished

This text of 293 A.D.2d 601 (Waidenbaum v. MTA-Long Island Bus) 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

Waidenbaum v. MTA-Long Island Bus, 293 A.D.2d 601, 740 N.Y.S.2d 219, 2002 N.Y. App. Div. LEXIS 3720 (N.Y. Ct. App. 2002).

Pincite

Opinion

In an action to recover damages for personal injuries, the defendant MTA-Long Island Bus appeals from an order of the Supreme Court, Nassau County (Burke, J.), entered June 27, 2001, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it on the ground, among others, that the plaintiff failed to sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the appellant’s motion [602]*602for 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). The appellant failed to make out a prima facie case of entitlement to judgment as a matter of law (see Lopez v Senatore, 65 NY2d 1017).

The appellant’s remaining contention is without merit. Ritter, J.P., Feuerstein, O’Brien, H. Miller and Townes, JJ., concur.

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In an action to recover damages for personal injuries, the defendant MTA-Long Island Bus appeals from an order of the Supreme Court, Nassau County (Burke, J.), entered June 27, 2001, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it on the ground, among others, that the plaintiff failed to sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the appellant’s motion [602]*602for 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). The appellant failed to make out a prima facie case of entitlement to judgment as a matter of law (see Lopez v Senatore, 65 NY2d 1017).

The appellant’s remaining contention is without merit. Ritter, J.P., Feuerstein, O’Brien, H. Miller and Townes, JJ., concur.

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Bluebook (online)

293 A.D.2d 601, 740 N.Y.S.2d 219, 2002 N.Y. App. Div. LEXIS 3720, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waidenbaum-v-mta-long-island-bus-nyappdiv-2002.

Opinion

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