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Gilyard v. McNamara

Appellate Division of the Supreme Court of New York, Second Department
Oct 30, 2000
276 A.D.2d 745 (N.Y. App. Div. 2000)

Opinion

Submitted October 4, 2000.

October 30, 2000.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Westchester County (Coppola, J.), dated December 20, 1999, which denied her motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d).

Boeggeman, George, Hodges Corde, P.C., White Plains, N Y (Leslie K. Arfine of counsel), for appellant.

Before: DAVID S. RITTER, J.P., WILLIAM C. THOMPSON, WILLIAM D. FRIEDMANN, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the order is affirmed, without costs or disbursements.

The defendant's motion papers failed to establish a prima facie case that the plaintiff's injuries were not serious within the meaning of Insurance Law § 5102(d) (see, Mendola v. Demetres, 212 A.D.2d 515).


Summaries of

Gilyard v. McNamara

Appellate Division of the Supreme Court of New York, Second Department
Oct 30, 2000
276 A.D.2d 745 (N.Y. App. Div. 2000)
Case details for

Gilyard v. McNamara

Case Details

Full title:EUGENE GILYARD, RESPONDENT, v. ELAINE McNAMARA, APPELLANT

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

Date published: Oct 30, 2000

Citations

276 A.D.2d 745 (N.Y. App. Div. 2000)
715 N.Y.S.2d 332