The action was properly dismissed upon a record showing that plaintiff did not sustain serious injury within the meaning of Insurance Law § 5102 (d) in the car accident, and therefore could not have prevailed in the personal injury action in which defendant allegedly committed malpractice. Such showing was made, prima facie, in defendant's initial submissions in support of its motion for summary judgment, namely, by way of plaintiff's own pleadings, bill of particulars...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
