GROSSMAN v. WRIGHT


268 A.D.2d 79 (2000)

707 N.Y.S.2d 233

HELENE GROSSMAN, Plaintiff, v. ANNA WRIGHT et al., Defendants. (Action No. 1.) RICARDO RIVERA et al., Plaintiffs, v. ANNA WRIGHT et al., Defendants. (Action No. 2.) RICARDO PALACIOS, Respondent, v. ANNA WRIGHT, Appellant. (Action No. 3.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 8, 2000.


Attorney(s) appearing for the Case

Frank V. Merlino (Sweetbaum & Sweetbaum, Lake Success [Marshall D. Sweetbaum] of counsel), for appellant.

MANGANO, P. J., RITTER, JOY, McGINITY and SMITH, JJ., concur.


OPINION OF THE COURT

Per Curiam.

On this appeal, we are asked to determine if the plaintiff Ricardo Palacios, through the introduction of legally competent evidence, raised a triable issue of fact as to whether he sustained a serious physical injury within the meaning of Insurance Law § 5102 (d). We note at the outset that in opposition to the defendant's motion papers, which established a prima facie case of entitlement to summary judgment, the plaintiff...

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