Capone v. Gottlieb

Full title: GIUSEPPINA CAPONE et al., Appellants, v. TARA J. GOTTLIEB, Respondent

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

Date published: Feb 17, 1998

247 A.D.2d 500 (N.Y. App. Div. 1998)

668 N.Y.S.2d 481

Opinion

February 17, 1998

Appeal from the Supreme Court, Nassau County (Winick, J.).

Ordered that the judgment is affirmed, with costs.

We agree with the Supreme Court that the injured plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), and, therefore, summary judgment was properly awarded to the defendant ( see, Licari v. Elliot, 57 N.Y.2d 230).

Mangano, P.J., Miller, Pizzuto and Krausman, JJ., concur.