Doherty v. Roncone

Full title: DAWN DOHERTY, Appellant, v. JOSEPH RONCONE et al., Respondents

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

Date published: Mar 7, 1994

202 A.D.2d 387 (N.Y. App. Div. 1994)

609 N.Y.S.2d 857

Opinion

March 7, 1994

Appeal from the Supreme Court, Suffolk County (Gowan, J.).

Ordered that the order is affirmed, with costs to the respondents Robert Buono and Richard Buono.

We agree with the Supreme Court that the plaintiff did not make a prima facie showing of serious injury within the meaning of Insurance Law § 5102 (d). Accordingly, the court properly granted the motion and cross motion for summary judgment dismissing the complaint (see, Insurance Law § 5104 [a]; Licari v. Elliott, 57 N.Y.2d 230). Sullivan, J.P., Pizzuto, Joy and Goldstein, JJ., concur.