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Franca v. Parisi

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 2002
298 A.D.2d 554 (N.Y. App. Div. 2002)

Opinion

2001-09267

Submitted October 2, 2002.

October 28, 2002.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Milano, J.), dated August 27, 2001, which granted the defendants' motion for summary judgment dismissing the complaint on the ground that she did not sustain a serious injury within the meaning of Insurance Law § 5102(d).

Kenneth M. Mollins, P.C., Garden City, N.Y., for appellant.

Richard J. Baldwin, Hauppauge, N.Y. (Thomas J. Reape Jr., of counsel), for respondents.

Before: FRED T. SANTUCCI, J.P., NANCY E. SMITH, GLORIA GOLDSTEIN, HOWARD MILLER, WILLIAM F. MASTRO, JJ.


DECISION ORDER

ORDERED that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

In support of their motion for summary judgment, the defendants submitted evidence that magnetic resonance images of the plaintiff's neck and back performed one month after the accident showed disc bulges at C4-C5, C6-C7, and L4-L5. The defendants failed to demonstrate that the plaintiff's injuries were not causally related to the subject accident, or that they were not serious within the meaning of Insurance Law § 5102(d) (see Hussein v. Littman, 287 A.D.2d 543; Volozhinets v. DeHaven, 286 A.D.2d 437; Junco v. Ranzi, 288 A.D.2d 440; Papadonikolakis v. First Fid. Leasing Group, 283 A.D.2d 470). Since the defendants failed to establish, prima facie, their entitlement to judgment as a matter of law, the sufficiency of the papers in opposition need not be considered (see Chaplin v. Taylor, 273 A.D.2d 188; Mariaca-Olmos v. Mizrhy, 226 A.D.2d 437).

SANTUCCI, J.P., SMITH, GOLDSTEIN, H. MILLER and MASTRO, JJ., concur.


Summaries of

Franca v. Parisi

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 2002
298 A.D.2d 554 (N.Y. App. Div. 2002)
Case details for

Franca v. Parisi

Case Details

Full title:JANET FRANCA, appellant, v. SAL C. PARISI, JR., ET AL., respondents

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

Date published: Oct 28, 2002

Citations

298 A.D.2d 554 (N.Y. App. Div. 2002)
748 N.Y.S.2d 902

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