DiDomenico v. Town of Hempstead

Full title: KIM DiDOMENICO, Appellant, et al., Plaintiff, v. TOWN OF HEMPSTEAD et al.…

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

Date published: Mar 4, 1996

225 A.D.2d 514 (N.Y. App. Div. 1996)

639 N.Y.S.2d 719

Opinion

March 4, 1996

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

Ordered that the order and judgment is affirmed insofar as appealed from, with costs.

We agree with the Supreme Court that the appellant failed to establish a prima facie case of serious injury within the meaning of Insurance Law § 5102 (d). Thus, summary judgment was properly awarded to the defendants ( see, Insurance Law § 5104 [a]; Licari v Elliott, 57 N.Y.2d 230). Thompson, J.P., Friedmann, Florio and McGinity, JJ., concur.