Sidhari v. City of New York

Full title: SEORAM SIDHARI, Appellant, v. CITY OF NEW YORK et al., Respondents

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

Date published: Mar 23, 2010

71 A.D.3d 982 (N.Y. App. Div. 2010)

2010 N.Y. Slip Op. 2537

896 N.Y.S.2d 683

Opinion

No. 2009-10635.

March 23, 2010.

In an action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Queens County (Flug, J.), dated September 30, 2009, as denied that branch of his motion which was for summary judgment on the issue of serious injury, with leave to renew upon completion of discovery.

Everett J. Petersson, P.C., Brooklyn, N.Y. (Michael A. Serpico of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Stephen J. McGrath, Janet DeLuca, and Susan B. Eisner of counsel), for respondents.

Before: Skelos, J.P., Dillon, Angiolillo, Eng and Sgroi, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiffs contentions, the Supreme Court properly denied that branch of his motion which was for summary judgment on the issue of serious injury, with leave to renew upon completion of discovery ( see CPLR 3212 [f]).