NAIMAN-MICHAELS v. FISK


265 A.D.2d 463 (1999)

696 N.Y.S.2d 702

ELLEN NAIMAN-MICHAELS, Respondent, v. RICHARD A. FISK, Appellant.

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

Decided October 18, 1999.


Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant made out a prima facie case that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). However, the plaintiff's evidence submitted in opposition to the motion raised a triable issue of fact, and the Supreme Court properly denied summary judgment to the defendant (see, CPLR 3212 [b]).

The defendant's remaining contention...

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