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Kutler v. Jowers

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 2001
280 A.D.2d 585 (N.Y. App. Div. 2001)

Opinion

Submitted January 24, 2001

February 20, 2001.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Clemente, J.), dated June 8, 2000, which denied his motion for summary judgment dismissing the complaint on the ground that the plaintiff did not to sustain a serious injury within the meaning of Insurance Law § 5102(d).

Shapiro, Beilly, Rosenberg, Aronowitz, Levy Fox, LLP, New York, N Y (Roy Karlin of counsel), for appellant.

Davidson Cohen, P.C., Rockville, N.Y. (Leslie C. Siskind of counsel), for respondents.

Before: BRACKEN, ACTING P.J., S. MILLER, McGINITY and SCHMIDT, JJ., concur.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

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, Chaplin v. Taylor, 273 A.D.2d 188; Flanagan v. Hoeg, 212 A.D.2d 756, 757; Mendola v. Demetres, 212 A.D.2d 515).


Summaries of

Kutler v. Jowers

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 2001
280 A.D.2d 585 (N.Y. App. Div. 2001)
Case details for

Kutler v. Jowers

Case Details

Full title:FREDERICK KUTLER, RESPONDENT, v. ALVIN L. JOWERS, APPELLANT

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

Date published: Feb 20, 2001

Citations

280 A.D.2d 585 (N.Y. App. Div. 2001)
720 N.Y.S.2d 810