Abdallah v. Flattery
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously affirmed with costs. Memorandum: Plaintiffs commenced this action to recover for injuries allegedly sustained by Fawwaz Abdallah (plaintiff) when defendant’s vehicle struck the vehicle driven by plaintiff. Plaintiff alleged that he sustained a significant disfigurement and a significant limitation of use of a body function or system (see, Insurance Law § 5102 [d]). Supreme Court properly granted defendant’s cross motion for summary judgment dismissing the complaint. Defendant met his initial burden on the motion by demonstrating that plaintiff did not *918sustain a serious…
2Cases cited8 opinions
- Gaddy v. EylerNew York Court of Appeals · 1992
- Barbarulo v. AlleryAppellate Division of the Supreme Court of the State of New York · 2000
- Delaney v. LewisAppellate Division of the Supreme Court of the State of New York · 1998
- Broderick v. SpaethAppellate Division of the Supreme Court of the State of New York · 1997
- Evans v. BeebeAppellate Division of the Supreme Court of the State of New York · 1999
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3Cited by1 opinion
- Howard v. RogalskiAppellate Division of the Supreme Court of the State of New York · 2002