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Bocci v. Turkowitz

Appellate Division of the Supreme Court of New York, Second Department
Nov 23, 1998
255 A.D.2d 476 (N.Y. App. Div. 1998)

Opinion

November 23, 1998

Appeal from the Supreme Court, Nassau County (DiNoto, J.).


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

In support of their motion for summary judgment, the defendants submitted evidence in admissible form that the plaintiff's claimed injury of a disc bulge, which may constitute a serious injury within the meaning of Insurance Law § 5102 (d) ( see, Flanagan v. Hoeg, 212 A.D.2d 756), was not caused by the subject motor vehicle accident. After the defendants' showing, it was incumbent on the plaintiff to raise an issue of fact. The plaintiff's submissions failed to demonstrate that the subject motor vehicle accident was a proximate cause of the claimed disc injury. The defendants were therefore entitled to summary judgment dismissing the complaint ( see, Cacaccio v. Martin, 235 A.D.2d 384; Waaland v. Weiss, 228 A.D.2d 435).

Mangano, P. J., Joy, Friedmann and Goldstein, JJ., concur.


Summaries of

Bocci v. Turkowitz

Appellate Division of the Supreme Court of New York, Second Department
Nov 23, 1998
255 A.D.2d 476 (N.Y. App. Div. 1998)
Case details for

Bocci v. Turkowitz

Case Details

Full title:CARMEN E. BOCCI, Respondent, v. MARIA TURKOWITZ et al., Appellants

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 23, 1998

Citations

255 A.D.2d 476 (N.Y. App. Div. 1998)
680 N.Y.S.2d 637

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