Palmer v. Los

Full title: ROSALINE PALMER, Respondent, v. VAIA LOS et al., Appellants

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

Date published: Nov 7, 1994

209 A.D.2d 391 (N.Y. App. Div. 1994)

619 N.Y.S.2d 603

Opinion

November 7, 1994

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

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the papers submitted by the defendants in support of their motion that are in admissible form do not establish, prima facie, entitlement to judgment as a matter of law, but rather, raise questions of fact with regard to whether the plaintiff suffered a serious injury within the meaning of Insurance Law § 5102 (d) (Pagano v Kingsbury, 182 A.D.2d 268). Mangano, P.J., Lawrence, Copertino, Krausman and Goldstein, JJ., concur.