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Batista v. Leveridge

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Nov 4, 2015
2015 N.Y. Slip Op. 7944 (N.Y. App. Div. 2015)

Opinion

2014-11433

11-04-2015

Rafael Batista, respondent, v. Roy C. Leveridge, appellant.

Katz & Associates (David S. Klausner, PLLC, White Plains, N.Y. [Stephen Slater], of counsel), for appellant. Gratt & Associates, P.C., Brooklyn, N.Y. (Edward J. Anthony of counsel), for respondent.


LEONARD B. AUSTIN

SHERI S. ROMAN

ROBERT J. MILLER

BETSY BARROS, JJ. (Index No. 23227/10)

Katz & Associates (David S. Klausner, PLLC, White Plains, N.Y. [Stephen Slater], of counsel), for appellant.

Gratt & Associates, P.C., Brooklyn, N.Y. (Edward J. Anthony of counsel), for respondent.

DECISION & ORDER

In an action to recover damages for personal injuries, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Lewis, J.), dated October 24, 2014, as denied those branches of his motion which were for summary judgment dismissing so much of the complaint as alleged that the plaintiff sustained serious injuries to his left knee and right shoulder within the meaning of Insurance Law § 5102(d) as a result of the subject accident.

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

The defendant established, prima facie, that the plaintiff did not sustain a serious injury to his left knee and right shoulder within the meaning of Insurance Law § 5102(d) as a result of the subject accident (see Toure v Avis Rent A Car Sys., 98 NY2d 345; Gaddy v Eyler, 79 NY2d 955, 956-957). In opposition, however, the plaintiff raised a triable issue of fact (see Perl v Meher, 18 NY3d 208, 218-219).

LEVENTHAL, J.P., AUSTIN, ROMAN, MILLER and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

Batista v. Leveridge

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Nov 4, 2015
2015 N.Y. Slip Op. 7944 (N.Y. App. Div. 2015)
Case details for

Batista v. Leveridge

Case Details

Full title:Rafael Batista, respondent, v. Roy C. Leveridge, appellant.

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Nov 4, 2015

Citations

2015 N.Y. Slip Op. 7944 (N.Y. App. Div. 2015)