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Battisti v. Lepkowski

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 14, 1995
217 A.D.2d 952 (N.Y. App. Div. 1995)

Opinion

July 14, 1995

Appeal from the Supreme Court, Erie County, Howe, J.

Present — Denman, P.J., Pine, Callahan, Doerr and Balio, JJ.


Order unanimously affirmed with costs. Memorandum: Defendant moved for summary judgment on the ground that plaintiff did not sustain a "serious injury" within the meaning of Insurance Law § 5102 (d). Supreme Court properly denied that motion. The record shows that plaintiff sustained a medically determined injury of a non-permanent nature as the result of a motor vehicle accident. Plaintiff submitted evidence raising an issue of fact whether she was unable to perform substantially all of her usual and customary daily activities for more than 90 days immediately after the accident.


Summaries of

Battisti v. Lepkowski

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 14, 1995
217 A.D.2d 952 (N.Y. App. Div. 1995)
Case details for

Battisti v. Lepkowski

Case Details

Full title:JANICE M. BATTISTI, Respondent, v. ANTHONY J. LEPKOWSKI, Appellant

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

Date published: Jul 14, 1995

Citations

217 A.D.2d 952 (N.Y. App. Div. 1995)
631 N.Y.S.2d 262