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Thrower v. Lyons

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 2000
273 A.D.2d 225 (N.Y. App. Div. 2000)

Opinion

June 5, 2000.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (LaTorella, J.), dated August 31, 1998, which granted the defendants' respective motions 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).

Before: Ritter, J. P., Sullivan, S. Miller, Luciano and H. Miller, JJ.


Ordered that the order is affirmed, with costs to the respondent Nathan C. Lyons.

The defendants submitted proof in admissible form which established that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), and the plaintiff failed to come forward with sufficient admissible evidence to demonstrate the existence of a triable issue of fact ( see, Williams v. Ciaramella, 250 A.D.2d 763; Miller v. Donohue, 250 A.D.2d 825; Grossman v. Wright, 268 A.D.2d 79).


Summaries of

Thrower v. Lyons

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 2000
273 A.D.2d 225 (N.Y. App. Div. 2000)
Case details for

Thrower v. Lyons

Case Details

Full title:JAMES THROWER, Appellant, v. NATHAN C. LYONS et al., Respondents

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

Date published: Jun 5, 2000

Citations

273 A.D.2d 225 (N.Y. App. Div. 2000)
709 N.Y.S.2d 842