Phillips v. Costa
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, etc., the defendants appeal from an order of the Supreme Court, Nassau County (Morrison, J.), dated February 1, 1989, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
Keeping in mind that “a minor, mild or slight limitation of use [of a body function or system] should be classified as *856insignificant within the meaning of the statute” (Licari v Elliott, 57 NY2d 230, 236), and that "any…
2Cases cited7 opinions
- Licari v. ElliottNew York Court of Appeals · 1982
- Scheer v. KoubekNew York Court of Appeals · 1987
- Partlow v. MeehanAppellate Division of the Supreme Court of the State of New York · 1989
- Covington v. CinnirellaAppellate Division of the Supreme Court of the State of New York · 1989
- Ciaccio v. J & R Home ImprovementsAppellate Division of the Supreme Court of the State of New York · 1989
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3Cited by20 opinions
- Beckett v. ConteAppellate Division of the Supreme Court of the State of New York · 1991
- DiNunzio v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1998
- O'Neill v. RogersAppellate Division of the Supreme Court of the State of New York · 1990
- Carpluk v. FriedmanAppellate Division of the Supreme Court of the State of New York · 2000
- Cullum v. WashingtonAppellate Division of the Supreme Court of the State of New York · 1996
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