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Hanna v. Alverado

Appellate Division of the Supreme Court of New York, Second Department
Mar 28, 2005
16 A.D.3d 624 (N.Y. App. Div. 2005)

Opinion

2004-04617.

March 28, 2005.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (Jonas, J.), entered April 29, 2004, which denied her motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Before: Florio, J.P., Krausman, Crane, Rivera and Fisher, JJ., concur.


Ordered that the order is affirmed, with costs.

The affirmations of the defendant's medical experts failed to make out a prima facie case for summary judgment ( see Toure v. Avis Rent A Car Sys., 98 NY2d 345; Gaddy v. Eyler, 79 NY2d 955). We note that neither expert set forth the objective test or tests performed supporting their claims ( see Zavala v. DeSantis, 1 AD3d 354, 355; Black v. Robinson, 305 AD2d 438, 439; Gamberg v. Romeo, 289 AD2d 525, 526; Junco v. Ranzi, 288 AD2d 440). Thus, the defendant failed to sustain her initial burden of establishing a prima facie case. Accordingly, we need not consider the sufficiency of the plaintiff's opposing papers ( see Coscia v. 938 Trading Corp., 283 AD2d 538; Mariaca-Olmos v. Mizrhy, 226 AD2d 437).


Summaries of

Hanna v. Alverado

Appellate Division of the Supreme Court of New York, Second Department
Mar 28, 2005
16 A.D.3d 624 (N.Y. App. Div. 2005)
Case details for

Hanna v. Alverado

Case Details

Full title:SAMIA N. HANNA, Respondent, v. MARY ALICE ALVERADO, Appellant

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

Date published: Mar 28, 2005

Citations

16 A.D.3d 624 (N.Y. App. Div. 2005)
791 N.Y.S.2d 440

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