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Robinson v. Vitek

Appellate Division of the Supreme Court of New York, Second Department
Feb 26, 2008
48 A.D.3d 779 (N.Y. App. Div. 2008)

Opinion

No. 2007-02556.

February 26, 2008.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Orange County (McGuirk, J.), entered January 22, 2007, which granted the defendant's motion for summary judgment dismissing the complaint on the ground that the plaintiff Louis Robinson did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

McCabe Mack LLP, Poughkeepsie, N.Y. (Kimberly Hunt Lee of counsel), for respondent.

Before: Rivera, J.P., Lifson, Ritter and Carni, JJ.


Ordered that the order is affirmed, with costs.

The defendant made a prima facie showing that the plaintiff Louis Robinson did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident ( see Toure v Avis Rent A Car Sys., 98 NY2d 345; Gaddy v Eyler, 79 NY2d 955, 956-957). The plaintiffs' opposition papers were insufficient to raise a triable issue of fact.


Summaries of

Robinson v. Vitek

Appellate Division of the Supreme Court of New York, Second Department
Feb 26, 2008
48 A.D.3d 779 (N.Y. App. Div. 2008)
Case details for

Robinson v. Vitek

Case Details

Full title:Louis ROBINSON et al., Appellants, v. JASON VITEK, Respondent

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

Date published: Feb 26, 2008

Citations

48 A.D.3d 779 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 1735
851 N.Y.S.2d 358