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Amato v. Psaltakis

Appellate Division of the Supreme Court of New York, Second Department
Jan 11, 2001
279 A.D.2d 439 (N.Y. App. Div. 2001)

Opinion

Submitted December 13, 2000

January 11, 2001.

In an action to recover damages for personal injuries, the plaintiff Phillip Amato appeals from so much of an order of the Supreme Court, Queens County (Kitzes, J.), dated February 28, 2000, as granted that branch of the defendant's motion which was for summary judgment dismissing the complaint insofar as asserted by him on the ground that he did not sustain a serious injury within the meaning of Insurance Law § 5102(d).

Block Associates, New York, N.Y. (Michael J. Wells of counsel), for appellant.

Peter J. Creedon, Garden City, N.Y. (James J. Toomey, Jr., of counsel), for respondent.

Before: CORNELIUS J. O'BRIEN, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

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

We agree with the Supreme Court that the appellant failed to come forward with sufficient admissible evidence to rebut the defendant's initial showing that he did not sustain a serious injury within the meaning of Insurance Law § 5102(d). Thus, summary judgment was properly granted to the defendant dismissing so much of the complaint as was asserted on behalf of the appellant (see, Licari v. Elliot, 57 N.Y.2d 230).


Summaries of

Amato v. Psaltakis

Appellate Division of the Supreme Court of New York, Second Department
Jan 11, 2001
279 A.D.2d 439 (N.Y. App. Div. 2001)
Case details for

Amato v. Psaltakis

Case Details

Full title:PHILLIP AMATO, APPELLANT, ET AL., PLAINTIFF, v. KIMON PSALTAKIS, RESPONDENT

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

Date published: Jan 11, 2001

Citations

279 A.D.2d 439 (N.Y. App. Div. 2001)
719 N.Y.S.2d 593

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