Schwartz v. Rosenberg

Full title: RIVCA SCHWARTZ et al., Appellants, v. ALEXANDER ROSENBERG, Respondent

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

Date published: Mar 21, 1994

202 A.D.2d 569 (N.Y. App. Div. 1994)

610 N.Y.S.2d 807

Opinion

March 21, 1994

Appeal from the Supreme Court, Rockland County (Lefkowitz, J.).

Ordered that the order is affirmed, with costs.

The plaintiffs failed to raise a triable issue of fact (see, CPLR 3212 [b]) as to the existence of a "serious injury" within the meaning of Insurance Law § 5102 (d). Sullivan, J.P., Lawrence, Pizzuto, Joy and Goldstein, JJ., concur.