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Smith v. Wetzel

Appellate Division of the Supreme Court of New York, Second Department
May 20, 2002
294 A.D.2d 488 (N.Y. App. Div. 2002)

Opinion

01-06707

Submitted April 10, 2002

May 20, 2002.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Golar, J.), dated May 4, 2001, which denied his 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).

Diamond, Cardo, King, Peters Fodera, New York, N.Y. (Deborah F. Peters of counsel), for appellant.

Before: DAVID S. RITTER, J.P., ANITA R. FLORIO, GLORIA GOLDSTEIN, DANIEL F. LUCIANO, BARRY A. COZIER, JJ.


ORDERED that the order is affirmed, without costs or disbursements.

The defendant's motion papers failed to establish, prima facie, his entitlement to judgment as a matter of law dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d) (see Junco v. Ranzi, 288 A.D.2d 440; Mendola v. Demetres, 212 A.D.2d 515; Flangan v. Hoeg, 212 A.D.2d 756).

RITTER, J.P., FLORIO, GOLDSTEIN, LUCIANO and COZIER, JJ., concur.


Summaries of

Smith v. Wetzel

Appellate Division of the Supreme Court of New York, Second Department
May 20, 2002
294 A.D.2d 488 (N.Y. App. Div. 2002)
Case details for

Smith v. Wetzel

Case Details

Full title:THOMAS G. SMITH, JR., respondent, v. WILLIAM J. WETZEL, appellant

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

Date published: May 20, 2002

Citations

294 A.D.2d 488 (N.Y. App. Div. 2002)
742 N.Y.S.2d 568

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