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Marconi v. Huber

Appellate Division of the Supreme Court of New York, Second Department
May 30, 2000
272 A.D.2d 589 (N.Y. App. Div. 2000)

Opinion

May 30, 2000

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Dunne, J.), entered March 16, 1999, which granted the defendants' motion for summary judgment dismissing the complaint on the ground that she did not sustain a serious injury within the meaning of Insurance Law § 5102(d).

Before: Ritter, J.P., Sullivan, S. Miller, Luciano and Miller, JJ.


Ordered that the order is affirmed, with costs.

The defendants established prima facie, through the affirmations of an orthopedist and a neurologist, that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d) ( see, Gaddy v. Eyler, 79 N.Y.2d 955). The medical evidence submitted by the plaintiff in opposition to the defendants' motion failed to raise a triable issue of fact (see, CPLR 3212[b]).


Summaries of

Marconi v. Huber

Appellate Division of the Supreme Court of New York, Second Department
May 30, 2000
272 A.D.2d 589 (N.Y. App. Div. 2000)
Case details for

Marconi v. Huber

Case Details

Full title:DAWN MARCONI, APPELLANT, v. RACHEL HUBER ET AL., RESPONDENTS

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

Date published: May 30, 2000

Citations

272 A.D.2d 589 (N.Y. App. Div. 2000)
709 N.Y.S.2d 830