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Oswald v. Ospina

Appellate Division of the Supreme Court of New York, Second Department
Nov 16, 1992
187 A.D.2d 570 (N.Y. App. Div. 1992)

Opinion

November 16, 1992

Appeal from the Supreme Court, Suffolk County (Gowan, J.).


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff has failed to meet her burden of establishing a prima facie case of "serious" injury as defined in Insurance Law § 5102 (d) (see, Zaffuto v Martorano, 161 A.D.2d 639). The plaintiff was able to return to work approximately two weeks after the accident. Although she complained, inter alia, of headaches and shoulder pain, these subjective complaints were insufficient to defeat the defendants' motion. Moreover, there is no objective medical documentation to support the plaintiff's claim of serious injury (see, Zaffuto v Martorano, supra). Mangano, P.J., Sullivan, O'Brien, Ritter and Pizzuto, JJ., concur.


Summaries of

Oswald v. Ospina

Appellate Division of the Supreme Court of New York, Second Department
Nov 16, 1992
187 A.D.2d 570 (N.Y. App. Div. 1992)
Case details for

Oswald v. Ospina

Case Details

Full title:BRENDA M. OSWALD, Respondent, v. JAIME A. OSPINA et al., Appellants

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

Date published: Nov 16, 1992

Citations

187 A.D.2d 570 (N.Y. App. Div. 1992)

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