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Price v. Melone

Appellate Division of the Supreme Court of New York, Second Department
Oct 21, 1999
(N.Y. App. Div. Oct. 21, 1999)

Opinion

Submitted June 23, 1999

October 21, 1999

Fine Hummel, P.C., Huntington, N.Y. (Ralph A. Hummel of counsel), for appellant.

Diamond, Paino, Cardo, King, Peters Fodera, Brooklyn, N Y (Deborah F. Peters of counsel), for respondent.

GUY JAMES MANGANO, P.J., FRED T. SANTUCCI, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, HOWARD MILLER, JJ.


DECISION ORDER

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (McCabe, J.), entered October 7, 1998, 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, with costs.

The submissions of the defendant, including, inter alia, the affirmed reports of two physicians who examined the plaintiff on behalf of the defendant, established a prima facie case (see, CPLR 3212[b]) that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d). In opposition, the plaintiff failed to raise a triable issue of fact (see, Hewan v. Callazzo, 223 A.D.2d 425; Zuckerman v. Karagjozi, 247 A.D.2d 536 ). Accordingly, the Supreme Court properly granted the defendant's motion for summary judgment.

MANGANO, P.J., SANTUCCI, KRAUSMAN, FLORIO, and H. MILLER, JJ., concur.


Summaries of

Price v. Melone

Appellate Division of the Supreme Court of New York, Second Department
Oct 21, 1999
(N.Y. App. Div. Oct. 21, 1999)
Case details for

Price v. Melone

Case Details

Full title:ARTHUR PRICE, appellant, v. MITCHELL G. MELONE, respondent

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

Date published: Oct 21, 1999

Citations

(N.Y. App. Div. Oct. 21, 1999)