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Monile v. Balester

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 8, 1991
171 A.D.2d 1040 (N.Y. App. Div. 1991)

Opinion

March 8, 1991

Appeal from the Supreme Court, Erie County, Doyle, J.

Present — Doerr, J.P., Green, Pine, Lawton and Davis, JJ.


Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred by holding that plaintiff made out a prima facie showing of serious injury sufficient to raise a triable issue of fact. Defendant sustained his burden of proving that plaintiff did not suffer from a medically determined injury, and plaintiff's subjective complaints of pain, unsupported by any competent medical evidence, are insufficient to establish a prima facie case of serious injury within the meaning of the Insurance Law (see, McKnight v LaValle, 147 A.D.2d 902, 903, lv denied 74 N.Y.2d 605; Costa v Billingsley, 127 A.D.2d 990, 991; Doyle v Erie County Water Auth., 113 A.D.2d 1016).


Summaries of

Monile v. Balester

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 8, 1991
171 A.D.2d 1040 (N.Y. App. Div. 1991)
Case details for

Monile v. Balester

Case Details

Full title:PATRICIA MONILE et al., Respondents, v. ANTHONY BALESTER, Appellant

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

Date published: Mar 8, 1991

Citations

171 A.D.2d 1040 (N.Y. App. Div. 1991)