HEMSLEY v. VENTURA


50 A.D.3d 1097 (2008)

857 N.Y.S.2d 642

FLORENCE HEMSLEY, Respondent, v. JOSE VENTURA et al., Appellants.

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

Decided April 29, 2008.


Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is granted.

Contrary to the determination of the Supreme Court, the defendants succeeded in making a prima facie showing with respect to the 90/180-day category of serious injury. In opposition to the motion, the plaintiff failed to raise a triable issue of fact. While the plaintiff testified at her deposition that as a result of the accident she...

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