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Lopez v. Helen Glover

Appellate Division of the Supreme Court of New York, Second Department
Jun 15, 2010
74 A.D.3d 1028 (N.Y. App. Div. 2010)

Opinion

No. 2009-10207.

June 15, 2010.

In an action to recover damages for personal injuries, the defendant J. Rodriguez-Rosario appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Baiter, J.), dated September 1, 2009, as denied his motion for summary judgment dismissing the complaint insofar as asserted against him on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Baker, McEvoy, Morrissey Moskovits, P.C., New York, N.Y. (Stacy R. Seldin of counsel), for appellant.

Block, O'Toole Murphy LLP, New York, N.Y. (Kareem R. Vessup of counsel), for respondent.

Before: Covello, J.P., Angiolillo, Leventhal and Roman, JJ.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that the appellant met his prima facie burden of showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident ( see Toure v Avis Rent A Car Sys., 98 NY2d 345; Gaddy v Eyler, 79 NY2d 955, 956-957). However, in opposition, the plaintiff raised triable issues of fact.

Accordingly, the Supreme Court properly denied the appellant's motion.


Summaries of

Lopez v. Helen Glover

Appellate Division of the Supreme Court of New York, Second Department
Jun 15, 2010
74 A.D.3d 1028 (N.Y. App. Div. 2010)
Case details for

Lopez v. Helen Glover

Case Details

Full title:JENNY LOPEZ, Respondent, v. HELEN GLOVER, Defendant, and J…

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

Date published: Jun 15, 2010

Citations

74 A.D.3d 1028 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 5367
902 N.Y.S.2d 401