Nigro v. Penree
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously reversed on the law without costs, motion denied and complaint reinstated. Memorandum: Plaintiff appeals from an order that granted the motion of defendants for summary judgment dismissing the complaint. Supreme Court held that defendants met their burden of establishing that plaintiff had not suffered a serious injury as defined in Insurance Law § 5102 (d) and that plaintiff had failed to submit proof in admissible form to raise a triable issue of fact. Contrary to plaintiff’s contention, defendants may establish entitlement to summary judgment by submitting plaintiff’s…
2Cases cited6 opinions
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- Lowe v. BennettNew York Court of Appeals · 1986
- Thomas v. DrakeAppellate Division of the Supreme Court of the State of New York · 1988
- Sole v. KurnikAppellate Division of the Supreme Court of the State of New York · 1986
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3Cited by8 opinions
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