Stipes v. Kopf

Full title: JAMES E. STIPES, II, Appellant, v. HEINZ M. KOPF, Respondent

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

Date published: Nov 23, 1998

255 A.D.2d 502 (N.Y. App. Div. 1998)

680 N.Y.S.2d 175

Opinion

November 23, 1998

Appeal from the Supreme Court, Suffolk County (Doyle, J.).

Ordered that the order is affirmed, with costs.

The medical evidence submitted by the defendant made out a prima facie case that the plaintiff did not sustain a serious injury as defined by Insurance Law § 5102 (d). The medical evidence submitted by the plaintiff in opposition to the motion indicated that, at most, he sustained a "minor, mild or slight" limitation, which is insignificant within the meaning of the statute ( Licari v. Elliott, 57 N.Y.2d 230, 236).

Rosenblatt, J. P., O'Brien, Sullivan, Krausman and Florio, JJ., concur.