Calabrese v. Godin

Full title: VICTOR CALABRESE, appellant, v. MILES GODIN, et al., respondents

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

Date published: Oct 25, 1999

265 A.D.2d 519 (N.Y. App. Div. 1999)

696 N.Y.S.2d 874

Opinion

Submitted September 15, 1999

October 25, 1999

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Golia, J.).

ORDERED that the order is affirmed, with costs.

The defendants' submissions made out a prima facie case that the plaintiff did not sustain a serious injury within the meaning ofInsurance Law § 5102(d). The evidence which the plaintiff submitted in opposition to the motion failed to raise a triable issue of fact (see, CPLR 3212[b]).

S. MILLER, J.P., THOMPSON, KRAUSMAN, FLORIO, and SCHMIDT, JJ., concur.