Baptiste v. Shapiro

Full title: DARRELL BAPTISTE, Respondent, v. EDNA SHAPIRO, Appellant

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

Date published: Feb 16, 1993

190 A.D.2d 770 (N.Y. App. Div. 1993)

594 N.Y.S.2d 779

Opinion

February 16, 1993

Appeal from the Supreme Court, Kings County (Spodek, J.).

Ordered that the order is affirmed, with costs.

We reject the defendant's contention that the court erred in granting summary judgment to the plaintiff on the issue of fault while simultaneously finding that a question of fact existed as to whether the plaintiff sustained "serious injury" within the meaning of Insurance Law § 5102 (d) (see generally, Licari v Elliott, 57 N.Y.2d 230). Mangano, P.J., Sullivan, O'Brien, Ritter and Pizzuto, JJ., concur.