265 A.D.2d 316 (1999)

696 N.Y.S.2d 185

ARTHUR PRICE, Appellant, v. MITCHELL G. MELONE, Respondent.

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

Decided October 4, 1999.

Ordered that the order is affirmed, with costs.

The submissions of the defendant, including, inter alia, the affirmed reports of two physicians who examined the plaintiff on behalf of the defendant, established a prima facie case (see, CPLR 3212 [b]) that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). In opposition, the plaintiff failed to raise a triable issue of fact (see, Hewan v Callozzo, 223 A.D.2d 425; Zuckerman v Karagjozi, 247 A.D.2d 536). Accordingly, the Supreme Court properly granted the defendant's motion for summary judgment.


1000 Characters Remaining reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases