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Taylor v. Taylor

Appellate Division of the Supreme Court of New York, Second Department
Apr 19, 1999
260 A.D.2d 571 (N.Y. App. Div. 1999)

Opinion

April 19, 1999

Appeal from the Supreme Court, Queens County (Kitzes, J.).


Ordered that the order is affirmed, with costs.

The Supreme Court correctly found that the appellant failed to rebut the respondents' prima facie showing that she did not suffer a serious injury within the meaning of the Insurance Law. The appellant's affidavit submitted in opposition to the respondents' motions for summary judgment contained only subjective complaints of pain. Moreover, the affirmation and medical report of her treating physician was based only upon those subjective complaints of pain. These submissions were insufficient to create a triable issue of fact as to the appellant's inability to perform substantially all of her normal activities for 90 out of the first 180 days subsequent to the accident ( see, Balsdasty v. Cooper, 238 A.D.2d 367; Lincoln v. Johnson, 225 A.D.2d 593).

The appellant's remaining contentions are without merit.

Mangano, P. J., Santucci, Krausman and Florio, JJ., concur.


Summaries of

Taylor v. Taylor

Appellate Division of the Supreme Court of New York, Second Department
Apr 19, 1999
260 A.D.2d 571 (N.Y. App. Div. 1999)
Case details for

Taylor v. Taylor

Case Details

Full title:LEILA TAYLOR, as Mother and Natural Guardian of ISAAC FISHER and Another…

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

Date published: Apr 19, 1999

Citations

260 A.D.2d 571 (N.Y. App. Div. 1999)
688 N.Y.S.2d 635

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