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Rawa v. Kroeger

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1996
229 A.D.2d 947 (N.Y. App. Div. 1996)

Opinion

July 12, 1996

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

Present — Pine, J.P., Fallon, Wesley, Balio and Boehm, JJ.


Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendants' motion for summary judgment dismissing the complaint. Defendants established prima facie that plaintiff did not sustain a serious injury, and plaintiff "failed to sustain [his] burden of making `"a prima facie showing of serious injury sufficient to raise a triable issue of fact"'" ( Eldred v Stoddard, 217 A.D.2d 952, 952-953; see, Insurance Law § 5102 [d]). The "certified report" of plaintiff's physician was based upon plaintiff's subjective complaints and was not sufficient to establish a serious injury ( see, Eldred v. Stoddard, supra, at 953).


Summaries of

Rawa v. Kroeger

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1996
229 A.D.2d 947 (N.Y. App. Div. 1996)
Case details for

Rawa v. Kroeger

Case Details

Full title:LAWRENCE A. RAWA, Respondent, v. CARMELLA KROEGER et al., Appellants

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

Date published: Jul 12, 1996

Citations

229 A.D.2d 947 (N.Y. App. Div. 1996)
646 N.Y.S.2d 473