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Munoz v. Garay

Appellate Division of the Supreme Court of New York, Second Department
Apr 28, 1997
238 A.D.2d 555 (N.Y. App. Div. 1997)

Opinion

April 28, 1997


In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Dye, J.), dated February 23, 1996, which granted the defendant's motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed, without costs or disbursements.

We agree with the Supreme Court that the defendant submitted admissible evidence demonstrating that the plaintiff did not suffer a serious injury within the meaning of Insurance Law § 5102 (d), and that the plaintiff failed to come forward with competent evidence to create an issue of fact ( see, Scheer v Koubek, 70 N.Y.2d 678; Campbell v. Finke, 187 A.D.2d 780; Georgia v. Ramautar, 180 A.D.2d 713; Beckett v. Conte, 176 A.D.2d 774; Philpotts v. Petrovic, 160 A.D.2d 856). Rosenblatt, J.P., Copertino, Pizzuto, Krausman and Florio, JJ., concur.


Summaries of

Munoz v. Garay

Appellate Division of the Supreme Court of New York, Second Department
Apr 28, 1997
238 A.D.2d 555 (N.Y. App. Div. 1997)
Case details for

Munoz v. Garay

Case Details

Full title:ROSA MUNOZ, Appellant, v. MARTIN GARAY, Respondent

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

Date published: Apr 28, 1997

Citations

238 A.D.2d 555 (N.Y. App. Div. 1997)
657 N.Y.S.2d 953