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Joseph v. Cherry

Appellate Division of the Supreme Court of New York, Second Department
Feb 24, 2000
269 A.D.2d 498 (N.Y. App. Div. 2000)

Opinion

Submitted January 12, 2000

February 24, 2000

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Rappaport, J.), dated April 14, 1999, which granted the defendant's 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).

Steve Giano (Jonathan A. Moore, Syosset, N.Y. of counsel), for appellant.

Cheven, Keely Hatzis, New York, N.Y. (Thomas Torto and Jason Levine of counsel), for respondent.

LAWRENCE J. BRACKEN, J.P., DANIEL W. JOY, WILLIAM C. THOMPSON, GLORIA GOLDSTEIN, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The defendant met her initial burden of establishing that the plaintiff did not sustain a serious injury within the meaning ofInsurance Law § 5102(d) . It was then incumbent upon the plaintiff to come forward with admissible evidence sufficient to create an issue of fact (see, Gaddy v. Eyler, 79 N.Y.2d 955, 956-957 ). The plaintiff failed to do so (see, Dalessandro v. Amboy Bus Co., Inc., 262 A.D.2d 442; [2d Dept., June 14, 1999]; Burnett v. Miller, 255 A.D.2d 541 ; Ryan v. Xuda, 243 A.D.2d 457 ; Lincoln v. Johnson, 225 A.D.2d 593 ; Traugott v. Konig, 184 A.D.2d 765 ).


Summaries of

Joseph v. Cherry

Appellate Division of the Supreme Court of New York, Second Department
Feb 24, 2000
269 A.D.2d 498 (N.Y. App. Div. 2000)
Case details for

Joseph v. Cherry

Case Details

Full title:JEAN L. JOSEPH, appellant, v. MARCIA A. CHERRY, respondent

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

Date published: Feb 24, 2000

Citations

269 A.D.2d 498 (N.Y. App. Div. 2000)
704 N.Y.S.2d 488

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