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Slasor v. Elfaiz

Appellate Division of the Supreme Court of New York, Second Department
Sep 25, 2000
275 A.D.2d 771 (N.Y. App. Div. 2000)

Opinion

Submitted June 7, 2000

September 25, 2000.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Phelan, J.), dated September 29, 1999, which granted the defendants ' motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d).

Vitacco Vitacco, Elmhurst, N.Y. (Guy R. Vitacco of counsel), for appellant.

Gerber Gerber, LLP, Brooklyn, N.Y. (Ethan B. Gerber of counsel), for respondents.

Before: GUY JAMES MANGANO, P.J., GABRIEL M. KRAUSMAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The defendants made a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d) (see, Turchuk v. Town of Wallkill, 255 A.D.2d 576). In opposition, the plaintiff failed to raise a triable issue of fact that she sustained a serious injury (see, Gaddy v. Eyler, 79 N.Y.2d 955, 956-957). The plaintiff's doctor failed to set forth what objective tests, if any, were used to examine the plaintiff (see, Grossman v. Wright, 268 A.D.2d 79), and failed to specify the degree of the plaintiff's limitation of motion (see, Tabacco v. Kasten, 229 A.D.2d 526; Ahmed v. Yoo, 255 A.D.2d 345). In addition, the doctor did not explain the almost 2 1/2-year gap in treatment between the accident and the most recent medical exam (see, Grossman v. Wright, supra).


Summaries of

Slasor v. Elfaiz

Appellate Division of the Supreme Court of New York, Second Department
Sep 25, 2000
275 A.D.2d 771 (N.Y. App. Div. 2000)
Case details for

Slasor v. Elfaiz

Case Details

Full title:TOMLIANA SLASOR, APPELLANT, v. ABDERRAHMAN ELFAIZ, ET AL., RESPONDENTS

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

Date published: Sep 25, 2000

Citations

275 A.D.2d 771 (N.Y. App. Div. 2000)
713 N.Y.S.2d 742

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