From Casetext: Smarter Legal Research

Murray v. Palmer

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 1996
229 A.D.2d 377 (N.Y. App. Div. 1996)

Opinion

July 1, 1996

Appeal from the Supreme Court, Queens County (Price, J.).


Ordered that the judgment is affirmed, with costs.

Following the close of the plaintiff's testimony, the Supreme Court granted the defendant's motion to dismiss the complaint based on her failure to make out a prima facie case that she had sustained a serious injury, as defined by Insurance Law § 5102 (d). The sole claim raised by the plaintiff on appeal is that the court erred in dismissing the complaint without affording her the opportunity to introduce expert medical evidence to support her claim. We decline to reach this issue, which is raised for the first time on appeal ( see, Shelton v. Shelton, 151 A.D.2d 659). O'Brien, J.P., Ritter, Pizzuto and Altman, JJ., concur.


Summaries of

Murray v. Palmer

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 1996
229 A.D.2d 377 (N.Y. App. Div. 1996)
Case details for

Murray v. Palmer

Case Details

Full title:RHONDA MURRAY, Appellant, v. BIRDILYN PALMER, Respondent

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

Date published: Jul 1, 1996

Citations

229 A.D.2d 377 (N.Y. App. Div. 1996)
644 N.Y.S.2d 647

Citing Cases

Pirpinias v. Milonas

Indeed, the plaintiffs' opposition to the motion to dismiss the complaint did not even address the merits of…

Ortega v. Noxxen Realty Corp.

Accordingly, Noxxen's motion was properly granted. The plaintiff's remaining contention is improperly raised…