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ROWE v. WAHNOW

570391/08.

26 Misc.3d 8 (2009)

2009 NY Slip Op 29475

891 N.Y.S.2d 584

CLEMENTINE HARRIS ROWE, Respondent, v. KEITH WAHNOW, Appellant and Third-Party Plaintiff. ANTON A. ROWE, Third-Party Defendant.

Supreme Court, Appellate Term, First Department.

Decided November 19, 2009.

Attorney(s) appearing for the Case

Buratti, Kaplan, McCarthy & McCarthy, Yonkers, for appellant and third-party defendant.

Belovin & Franzblau, LLP, Bronx, for respondent.

HEITLER and SHULMAN, JJ., concur. McKEON, P.J., dissents in a separate opinion.

OPINION OF THE COURT

Per Curiam.

Order, dated March 12, 2008, reversed, with $10 costs, motion granted and complaint dismissed. The Clerk is directed to enter judgment accordingly.

Defendant established prima facie that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Defendant's examining physicians found that plaintiff had recovered from soft tissue...

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