Palivoda v. Sluberski
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment and order unanimously affirmed without costs. Memorandum: Supreme Court properly granted the motions of Merry L. Butler, a/k/a Merry L. Hedges, and Danella Rental Systems, Inc. (defendants) for summary judgment dismissing the complaint against them. Defendants submitted evidence in admissible form establishing as a matter of law that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). In response, plaintiff failed to raise a triable issue of fact. There is no objective medical basis for the opinions of plaintiff’s *1037experts that the injury shown…
2Cases cited3 opinions
- Dimenshteyn v. CarusoAppellate Division of the Supreme Court of the State of New York · 1999
- McKnight v. La-ValleAppellate Division of the Supreme Court of the State of New York · 1989
- Calderon v. ElsenreichAppellate Division of the Supreme Court of the State of New York · 2000
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