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THOMPSON v. ABBASI

15 A.D.3d 95 (2005)

788 N.Y.S.2d 48

SAMUEL THOMPSON, Appellant, v. NAIMATULLAH ABBASI, Defendant, and N&A TAXI, Respondent.

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

January 4, 2005.

Attorney(s) appearing for the Case

Law Office of Daniel Chavez, Bronx (Lawrence B. Lame of counsel), for appellant.

Gerber & Gerber, LLP, Brooklyn (Thomas Torto and Jason Levine of counsel), for respondent.

TOM, J.P., and SWEENY, J., concur with MARLOW, J.; SAXE, J., dissents in a separate opinion.

OPINION OF THE COURT

MARLOW, J.

In the context of this appeal, we engage in the perennial debate over the issue of whether a plaintiff's evidence of personal injury meets the statutory threshold set by Insurance Law § 5102 (d), "an elusive standard that all too frequently escapes facile and final resolution" (Brown v Achy, 9 A.D.3d 30, 31 [2004]). Consequently, we respectfully and simply urge that the "serious...

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