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Lizzi v. Siegel

Appellate Division of the Supreme Court of New York, Second Department
May 29, 2001
283 A.D.2d 613 (N.Y. App. Div. 2001)

Opinion

Submitted May 2, 2001.

May 29, 2001.

In an action to recover damages for personal injuries, the defendants Wayne E. Barca and Josephine Barca appeal from an order of the Supreme Court, Queens County (Dye, J.), dated September 12, 2000, which denied their motion for summary judgment dismissing the complaint insofar as asserted against them on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law — 5102(d).

Rosaria S. Lizzi, respondent, v. Drew J. Siegel, et al., defendants, Wayne E. Barca, et al., appellants.

Shayne Dachs Stanisci Corker Sauer, Mineola, N.Y. (Jonathan A. Dachs of counsel), for appellants.

Before: DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, LEO F. McGINITY, NANCY E. SMITH and BARRY A. COZIER, JJ.


ORDERED that the order is affirmed, without costs or disbursements.

The appellants submitted proof in admissible form demonstrating their entitlement to judgment as a matter of law. In opposition, the plaintiff's evidence was sufficient to raise a triable issue of fact as to whether she sustained a serious injury within the meaning of Insurance Law — 5102(d) (see, Steuer v. DiDonna, 233 A.D.2d 494).

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


Summaries of

Lizzi v. Siegel

Appellate Division of the Supreme Court of New York, Second Department
May 29, 2001
283 A.D.2d 613 (N.Y. App. Div. 2001)
Case details for

Lizzi v. Siegel

Case Details

Full title:ROSARIA S. LIZZI, RESPONDENT, v. DREW J. SIEGEL ET AL., DEFENDANTS, AND…

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

Date published: May 29, 2001

Citations

283 A.D.2d 613 (N.Y. App. Div. 2001)
725 N.Y.S.2d 230