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Reid v. Spivack

Appellate Division of the Supreme Court of New York, Second Department
Apr 16, 1990
160 A.D.2d 859 (N.Y. App. Div. 1990)

Opinion

April 16, 1990

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


Ordered that the order is affirmed insofar as appealed from, with costs.

The record supports the Supreme Court's determination that the affirmation of the plaintiff's physician consisted of conclusory allegations based on subjective complaints of pain. Under these circumstances the plaintiff failed to raise a triable issue of fact on the crucial issue of "serious injury" and the granting of the defendant's motion for summary judgment dismissing the complaint was proper (Insurance Law § 5102 [d]; Lopez v Senatore, 65 N.Y.2d 1017; Scheer v. Koubek, 70 N.Y.2d 678; Lowe v Bennett, 122 A.D.2d 728, 729). Mangano, P.J., Thompson, Bracken and Eiber, JJ., concur.


Summaries of

Reid v. Spivack

Appellate Division of the Supreme Court of New York, Second Department
Apr 16, 1990
160 A.D.2d 859 (N.Y. App. Div. 1990)
Case details for

Reid v. Spivack

Case Details

Full title:DOUGLAS REID, Appellant, v. BARBARA SPIVACK, Respondent

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

Date published: Apr 16, 1990

Citations

160 A.D.2d 859 (N.Y. App. Div. 1990)

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