Legal Opinion

Fragale v. Geiger

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

Decided November 26, 2001PublishedCited by 8 opinions

1Opinion of the Court

—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Schulman, J.), dated January 29, 2001, which denied his 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 reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

Contrary to the finding of the Supreme Court, the reports prepared by the plaintiff’s treating practitioners which the defendant…

2Cases cited3 opinions

  1. Gaddy v. EylerNew York Court of Appeals · 1992
  2. Pagano v. KingsburyAppellate Division of the Supreme Court of the State of New York · 1992
  3. Grossman v. WrightAppellate Division of the Supreme Court of the State of New York · 2000

3Cited by8 opinions

  1. Sims v. MegarisAppellate Division of the Supreme Court of the State of New York · 2005
  2. Check v. GacevkAppellate Division of the Supreme Court of the State of New York · 2005
  3. Mastaccioula v. SciarraAppellate Division of the Supreme Court of the State of New York · 2004
  4. Sherin v. RodaAppellate Division of the Supreme Court of the State of New York · 2005
  5. Barnes v. CisnerosAppellate Division of the Supreme Court of the State of New York · 2005

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