From Casetext: Smarter Legal Research

Smith v. Roberts

Supreme Court, Appellate Division, First Department, New York.
Aug 11, 2015
131 A.D.3d 423 (N.Y. App. Div. 2015)

Opinion

08-11-2015

Joseph SMITH, Plaintiff–Appellant, v. Craig ROBERTS, et al., Defendants–Respondents.

Law Office of Arnold Treco, Jr. PLLC, Bronx (Arnold Treco Jr. of counsel), for appellant. Law Offices of John Trop, Yonkers (David Holmes of counsel), for Craig Roberts, respondent. Baker, McEvoy, Morrissey & Moskovits, P.C., Brooklyn (Robert D. Grace of counsel), for Mamadou Barry, respondent.


Law Office of Arnold Treco, Jr. PLLC, Bronx (Arnold Treco Jr. of counsel), for appellant.Law Offices of John Trop, Yonkers (David Holmes of counsel), for Craig Roberts, respondent.

Baker, McEvoy, Morrissey & Moskovits, P.C., Brooklyn (Robert D. Grace of counsel), for Mamadou Barry, respondent.

Opinion Order, Supreme Court, Bronx County (Mary Ann Brigantti–Hughes, J.), entered April 9, 2014, which, in an action for personal injuries sustained in a motor vehicle accident, granted defendants' motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants established their entitlement to judgment as a matter of law by submitting evidence showing that plaintiff did not sustain a serious injury to his spine and right knee (Insurance Law 5102[d] ).

In opposition, plaintiff failed to offer evidence of permanent consequential limitations in his knee or spine.

Defendants met their burden on the 90/180–day category via plaintiff's testimony that he missed three days of work following the accident (see Williams v. Baldor Specialty Foods, Inc., 70 A.D.3d 522, 895 N.Y.S.2d 394 [1st Dept.2010] ). That plaintiff subsequently missed approximately a year of work following surgery that was conducted several months after the accident is not determinative of a 90/180–day injury (see Nicholas v. Cablevision Sys. Corp., 116 A.D.3d 567, 568, 984 N.Y.S.2d 332 [1st Dept. 2014] ).

MAZZARELLI, J.P., FRIEDMAN, RICHTER, MANZANET–DANIELS, GISCHE, JJ., concur.


Summaries of

Smith v. Roberts

Supreme Court, Appellate Division, First Department, New York.
Aug 11, 2015
131 A.D.3d 423 (N.Y. App. Div. 2015)
Case details for

Smith v. Roberts

Case Details

Full title:Joseph SMITH, Plaintiff–Appellant, v. Craig ROBERTS, et al.…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Aug 11, 2015

Citations

131 A.D.3d 423 (N.Y. App. Div. 2015)
13 N.Y.S.3d 896
2015 N.Y. Slip Op. 6480

Citing Cases

Wigfall v. Nicauri Limo, Inc.

That plaintiff subsequently had surgery and was confined for two months after his surgery in 2013 is not…