SCHEER v. KOUBEK


70 N.Y.2d 678 (1987)

Charlotte K. Scheer, Respondent, v. Daniel H. Koubek, Appellant.

Court of Appeals of the State of New York.

Decided July 7, 1987.


Attorney(s) appearing for the Case

James A. Lombardo for appellant.

Christine M. Galvin for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the complaint dismissed.

Plaintiff has failed to make out her prima facie case of "serious injury" by "significant limitation of use of a body function or system" (Insurance Law § 5102 [d]). Plaintiff's proof that she suffered a soft tissue injury, described by her own expert as "mild," and which, at the time of trial, resulted...

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