Locasio v. Astoria Bus Co.

Full title: VINCENT LOCASIO et al., Appellants, v. ASTORIA BUS CO. et al., Respondents

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

Date published: Feb 10, 1997

236 A.D.2d 447 (N.Y. App. Div. 1997)

654 N.Y.S.2d 608

Opinion

February 10, 1997.

In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Dowd, J.), dated January 8, 1996, which granted the defendants' motion for summary judgment dismissing the complaint.

Before: Rosenblatt, J.P., Copertino, Pizzuto, Krausman and Florio, JJ.

Ordered that the order is affirmed, with costs.

After the defendants made out a prima facie case for summary judgment, the plaintiffs failed to raise a triable issue of fact (CPLR 3212 [b]) as to whether the plaintiff Vincent Locasio sustained a serious injury as defined by Insurance Law § 5102 (d).