Perez v. Velez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a negligence action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (DiNoto, J.), dáted January 28, 1998, which denied his motion for summary judgment dismissing the complaint based upon the plaintiffs failure to sustain a serious injury as defined by Insurance Law § 5102 (d).
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The evidence proffered by the defendant, in sworn admis*866sible form (see, Pagano v Kingsbury, 182 AD2d 268), demonstrated, prima facie, that…
2Cases cited4 opinions
- Licari v. ElliottNew York Court of Appeals · 1982
- Pagano v. KingsburyAppellate Division of the Supreme Court of the State of New York · 1992
- Medina v. Zalmen Reis & Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Marshall v. AlbanoAppellate Division of the Supreme Court of the State of New York · 1992
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- Nikolopolous v. BrownAppellate Division of the Supreme Court of the State of New York · 2000
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