From Casetext: Smarter Legal Research

Young v. Russell

Appellate Division of the Supreme Court of New York, Second Department
Jun 27, 2005
19 A.D.3d 688 (N.Y. App. Div. 2005)

Opinion

2004-05488.

June 27, 2005.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Jackson, J.), dated May 18, 2004, which granted the defendants' motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Isaacson Schiowitz Korson Solny (Pollack, Pollack, Isaac De Cicco, New York, N.Y. [Brian J. Isaac] of counsel), for appellant.

McDonald Carroll Cohen Rayhill, New York, N.Y. (Mark A. Collesano of counsel), for respondents.

Before: Florio, J.P., Krausman, Crane, Rivera and Fisher, JJ., concur.


Ordered that the order is affirmed, with costs.

The defendants made a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) ( see Toure v. Avis Rent A Car Sys., 98 NY2d 345; Gaddy v. Eyler, 79 NY2d 955). In opposition, the plaintiff failed to raise a triable issue of fact as to whether she sustained a serious physical injury. One of the plaintiff's physicians based his affirmation on an examination conducted shortly after the accident in early 2001, while the other physician's affirmation was based on examinations occurring in March 2001 and September 2002, more than one year before the defendants made their motion. It is well established that any subjective complaints of pain and limitation of motion must be substantiated by verified objective medical findings based on a recent examination of the plaintiff ( see Paul v. Trerotola, 11 AD3d 441; Kauderer v. Penta, 261 AD2d 365; Carroll v. Jennings, 264 AD2d 494).

Accordingly, the Supreme Court properly granted the defendants' motion.


Summaries of

Young v. Russell

Appellate Division of the Supreme Court of New York, Second Department
Jun 27, 2005
19 A.D.3d 688 (N.Y. App. Div. 2005)
Case details for

Young v. Russell

Case Details

Full title:SOROPHINA YOUNG, Appellant, v. CLIFFORD A. RUSSELL et al., Respondents

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

Date published: Jun 27, 2005

Citations

19 A.D.3d 688 (N.Y. App. Div. 2005)
798 N.Y.S.2d 101

Citing Cases

Rovelo v. Volcy

"To establish that she sustained an injury that falls within either of these categories of serious injury,…

Oliveto v. Schifano

In any event, the medical report of Dr. William McConnick, which plaintiff relies upon in opposition, reveals…