From Casetext: Smarter Legal Research

Castaldo v. Migliore

Appellate Division of the Supreme Court of New York, Second Department
Feb 25, 2002
291 A.D.2d 526 (N.Y. App. Div. 2002)

Opinion

2001-06139

Submitted January 30, 2002.

February 25, 2002.

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Suffolk County (Cohalan, J.), dated May 8, 2001, which denied their 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).

Lewis, Johs, Avallone, Aviles Kaufman, LLP, Melville, N.Y. (Ann K. Kandel of counsel), for appellants.

Sanders, Sanders, Block Woycik, P.C., Mineola, N.Y. (Martin Block of counsel), for respondent.

Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, GABRIEL M. KRAUSMAN, LEO F. McGINITY, BARRY A. COZIER, JJ.


ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendants established a prima facie case that the plaintiff did not sustain a serious injury through the affirmed medical reports of a neurologist and an orthopedist who examined him and concluded that he sustained nothing more than sprains and strains (see, Gaddy v. Eyler, 79 N.Y.2d 955, 956-957).

The medical evidence submitted by the plaintiff in opposition to the motion failed to set forth verified objective medical findings that were based on a recent examination of the plaintiff (see, Grossman v. Wright, 268 A.D.2d 79). Accordingly, the plaintiff failed to raise a triable issue of fact (see, CPLR 3212[b]).

ALTMAN, J.P., SMITH, KRAUSMAN, McGINITY and COZIER, JJ., concur.


Summaries of

Castaldo v. Migliore

Appellate Division of the Supreme Court of New York, Second Department
Feb 25, 2002
291 A.D.2d 526 (N.Y. App. Div. 2002)
Case details for

Castaldo v. Migliore

Case Details

Full title:PETER CASTALDO, respondent, v. CHARLOTTE MIGLIORE, ET AL., appellants

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 25, 2002

Citations

291 A.D.2d 526 (N.Y. App. Div. 2002)
737 N.Y.S.2d 862

Citing Cases

Zielinski v. Cusamano

Further, a herniated or bulging disc, by itself, is insufficient to constitute a serious injury; rather, to…

ZAINO v. MTA LONG ISLAND BUS AUTHORITY

As stated above, in order to establish a serious injury, there must be objective evidence of a loss of range…