Licari v. Elliott

In a negligence action to recover damages for personal injuries, etc., defendant appeals from a judgment of the Supreme Court, Queens County (Buschmann, J.), entered December 22, 1980, which, upon a jury verdict finding the plaintiff Nicholas Licari to be 30% liable and the defendant to be 70% liable, awarded said plaintiff the principal sum of $14,700. Judgment reversed, on the law, with costs, and complaint dismissed. On this record, we conclude that plaintiff Nicholas Licari failed, as a matter of law, to establish that he had suffered a “serious injury” which resulted either in (1) a…