Kay v. Goldberg

Full title: JUDITH L. KAY et al., Appellants, v. JUDITH E. GOLDBERG, Respondent

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

Date published: Dec 27, 1993

199 A.D.2d 468 (N.Y. App. Div. 1993)

608 N.Y.S.2d 108

Opinion

December 27, 1993

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

Ordered that the order is affirmed insofar appealed from, without costs or disbursements.

We agree with the Supreme Court that the plaintiffs did not make a prima facie showing of serious injury within the meaning of Insurance Law § 5102 (d). Accordingly, the court properly granted that branch of the defendant's motion which was for summary judgment dismissing the plaintiffs' cause of action to recover damages for personal injuries (see, Insurance Law § 5104 [a]; Licari v Elliott, 57 N.Y.2d 230). Mangano, P.J., Rosenblatt, Lawrence, Copertino and Joy, JJ., concur.