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Deruiter v. Moskover

Appellate Division of the Supreme Court of New York, Second Department
Aug 15, 2000
275 A.D.2d 341 (N.Y. App. Div. 2000)

Opinion

Submitted May 17, 2000

August 15, 2000.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Doyle, J.), dated August 16, 1999, as granted the defendant `s motion for summary judgment dismissing the complaint on the ground that the plaintiff Karen DeRuiter did not sustain a serious injury within the meaning of Insurance Law § 5102(d).

Salamon, Gruber, Newman Blaymore, P.C., Roslyn Heights, N Y (Frederick Newman of counsel), for appellants.

Ahmuty, Demers McManus, Albertson, N.Y. (Frederick B. Simpson and Brendan T. Fitzpatrick of counsel), for respondent.

Before: GUY JAMES MANGANO, P.J., FRED T. SANTUCCI, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The defendant made a prima facie showing of entitlement to judgment as a matter of law. In opposition, the plaintiffs failed to raise a triable issue of fact as to whether the plaintiff Karen DeRuiter sustained a serious injury within the meaning of Insurance Law § 5102(d). The medical evidence submitted by the plaintiffs failed to establish that her injuries were causally related to the motor vehicle accident (see, La Rue v. Tucker, 247 A.D.2d 702).


Summaries of

Deruiter v. Moskover

Appellate Division of the Supreme Court of New York, Second Department
Aug 15, 2000
275 A.D.2d 341 (N.Y. App. Div. 2000)
Case details for

Deruiter v. Moskover

Case Details

Full title:KAREN DERUITER, ET AL., appellants, v. PETER MOSKOVER, JR., respondent

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

Date published: Aug 15, 2000

Citations

275 A.D.2d 341 (N.Y. App. Div. 2000)
712 N.Y.S.2d 426