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Wierzbicki v. Mathew

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 2002
296 A.D.2d 400 (N.Y. App. Div. 2002)

Opinion

2001-02903

Submitted January 23, 2002

July 1, 2002.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Weiss, J.), dated January 26, 2001, which denied his 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).

Robert P. Tusa, Garden City, N.Y. (David Holmes of counsel), for appellant.

Kagan Gertel, Brooklyn, N.Y. (Irving Gertel of counsel), for respondent.

FRED T. SANTUCCI, J.P., GLORIA GOLDSTEIN, DANIEL F. LUCIANO, ROBERT W. SCHMIDT, STEPHEN G. CRANE, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

In support of his 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), the defendant failed to establish his prima facie entitlement to judgment as a matter of law (see Gaddy v. Eyler, 79 N.Y.2d 955). The affirmed reports of the defendant's medical experts did not set forth the objective tests they performed during their examinations of the plaintiff which led them to conclude that she did not suffer a limitation to the range of motion in her neck (see Junco v. Ranzi, 288 A.D.2d 440).

SANTUCCI, J.P., GOLDSTEIN, LUCIANO, SCHMIDT and CRANE, JJ., concur.


Summaries of

Wierzbicki v. Mathew

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 2002
296 A.D.2d 400 (N.Y. App. Div. 2002)
Case details for

Wierzbicki v. Mathew

Case Details

Full title:MARLENA A. WIERZBICKI, respondent, v. PHILIP T. MATHEW, appellant

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

Date published: Jul 1, 2002

Citations

296 A.D.2d 400 (N.Y. App. Div. 2002)
745 N.Y.S.2d 446

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