Vitale v. Lev Express Cab Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Milano, J.), dated March 19, 1999, which denied their motion for 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).
Ordered that the order is affirmed, with costs.
The defendants initially submitted evidence sufficient to establish a prima facie case that the plaintiff did not sustain a serious injury as a matter of law (see, Gaddy v Eyler, 79 NY2d 955; Flanagan v…
2Cases cited9 opinions
- Gaddy v. EylerNew York Court of Appeals · 1992
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- Meyer v. GallardoAppellate Division of the Supreme Court of the State of New York · 1999
- Pareti v. GigliettaAppellate Division of the Supreme Court of the State of New York · 1995
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