Del v. Eberhart Construction Co.

Full title: MARIANA D. DEL et al., Respondents, v. EBERHART CONSTRUCTION CO. et al.…

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

Date published: Mar 15, 1999

259 A.D.2d 589 (N.Y. App. Div. 1999)

686 N.Y.S.2d 501

Opinion

March 15, 1999

Appeal from the Supreme Court, Queens County (Goldstein, J.).

Ordered that the order is affirmed, with costs.

The medical reports submitted by the defendants in support of their motion for summary judgment were affirmed under penalty of perjury ( see, CPLR 2106) and made out a prima facie case that the plaintiff Mariana Donoso Del did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). However, the affirmation of Dr. Jose Acevedo which the plaintiffs submitted in opposition to the motion raised a triable issue of fact ( see, CPLR 3212 [b]).

S. Miller, J. P., Sullivan, Friedmann and Luciano, JJ., concur.