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Schreiber v. Jimenez

Appellate Division of the Supreme Court of New York, Second Department
Feb 22, 1999
258 A.D.2d 638 (N.Y. App. Div. 1999)

Opinion

February 22, 1999

Appeal from the order of the Supreme Court, Nassau County (Franco, J.).


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

The defendants' submissions in support of their motion for summary judgment made out a prima facie case that the plaintiff did not suffer a serious physical injury within the meaning of Insurance Law § 5102 (d). In opposition, the plaintiff failed to raise a triable issue of fact as to whether she missed 90 days of work during the 180-day period which followed the accident ( see, Baldasty v. Cooper. 238 A.D.2d 367; Letellier v. Walker, 222 A.D.2d 658; Schaefer v. Pierce, 205 A.D.2d 521).

The plaintiff's remaining contention is without merit.

Mangano, P. J., Santucci, Krausman and Florio, JJ., concur.


Summaries of

Schreiber v. Jimenez

Appellate Division of the Supreme Court of New York, Second Department
Feb 22, 1999
258 A.D.2d 638 (N.Y. App. Div. 1999)
Case details for

Schreiber v. Jimenez

Case Details

Full title:JENNIFER SCHREIBER, Respondent, v. BLADIMIR JIMENEZ et al., Appellants

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

Date published: Feb 22, 1999

Citations

258 A.D.2d 638 (N.Y. App. Div. 1999)
685 N.Y.S.2d 800