Tatti v. Cummings
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 defendant appeals from a judgment of the Supreme Court, Nassau County (McCaffrey, J.), dated February 7, 1991, which denied his 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.
Inasmuch as the defendant submitted medical evidence in admissible form establishing that the plaintiff had not sustained a "serious injury”, it was incumbent upon the plaintiff to submit evidence in admissible form in order to succeed in…
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- Scheer v. KoubekNew York Court of Appeals · 1987
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- Rhind v. NaylorAppellate Division of the Supreme Court of the State of New York · 1992
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