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Bowen v. Sangeap

Appellate Division of the Supreme Court of New York, Second Department
Sep 21, 2010
76 A.D.3d 988 (N.Y. App. Div. 2010)

Opinion

No. 2009-09148.

September 21, 2010.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Cullen, J.), entered August 24, 2009, which granted the defendants' motion for summary judgment dismissing the complaint on the ground that he did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Mallilo Grossman, Flushing, N.Y. (Francesco Pomara, Jr., of counsel), for appellant.

Mendolia Stenz, Westbury, N.Y. (Tracy Morgan of counsel), for respondents.

Before: Rivera, J.P., Covello, Eng, Leventhal and Austin, JJ.


Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint. The defendants met their prima facie burden by showing that the plaintiff did not sustain a serious injury 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, the plaintiff failed to raise a triable issue of fact ( see generally Alvarez v Prospect Hosp., 68 NY2d 320, 324).


Summaries of

Bowen v. Sangeap

Appellate Division of the Supreme Court of New York, Second Department
Sep 21, 2010
76 A.D.3d 988 (N.Y. App. Div. 2010)
Case details for

Bowen v. Sangeap

Case Details

Full title:AARON BOWEN, Appellant, v. LIVIUS T. SANGEAP et al., Respondents

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

Date published: Sep 21, 2010

Citations

76 A.D.3d 988 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 6613
907 N.Y.S.2d 693