Lorenzo v. Witt

Full title: PATRICIA LORENZO et al., Respondents, v. MYRA WITT et al., Appellants

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

Date published: Mar 10, 1986

118 A.D.2d 628 (N.Y. App. Div. 1986)

Opinion

March 10, 1986

Appeal from the Supreme Court, Suffolk County (McInerney, J.).

Order reversed, on the law, with costs, motion granted, and action dismissed.

The proof submitted by the plaintiffs in opposition to the defendants' motion for summary judgment failed to establish a prima facie case of serious injury within the meaning of Insurance Law § 5104 (d) (see, Licari v. Elliott, 57 N.Y.2d 230; Hezekiah v. Williams, 81 A.D.2d 261). Thus, the defendants were entitled to summary judgment (see, De Filippo v. White, 101 A.D.2d 801). Mollen, P.J., Lazer, Kunzeman and Kooper, JJ., concur.