From Casetext: Smarter Legal Research

Hernandez v. Yacco

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 30, 1994
207 A.D.2d 1029 (N.Y. App. Div. 1994)

Opinion

September 30, 1994

Appeal from the Supreme Court, Oneida County, Tenney, J.

Present — Denman, P.J., Green, Fallon, Wesley and Doerr, JJ.


Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted summary judgment dismissing the complaint. In support of their motion, defendants submitted evidence sufficient to demonstrate, as a matter of law, that plaintiff had not suffered a serious injury within the meaning of Insurance Law § 5102 (d) (see, Gaddy v. Eyler, 79 N.Y.2d 955; DuMont v Sandhir, 201 A.D.2d 450; Logan v. Laidlaw School Tr., 175 A.D.2d 568). Plaintiff, in opposition to the motion, failed "to make a prima facie showing of serious injury sufficient to raise a triable issue of fact" (Costa v. Billingsley, 127 A.D.2d 990, 991).


Summaries of

Hernandez v. Yacco

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 30, 1994
207 A.D.2d 1029 (N.Y. App. Div. 1994)
Case details for

Hernandez v. Yacco

Case Details

Full title:ROSA M. HERNANDEZ, Appellant, v. ANNE C. YACCO et al., Respondents

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

Date published: Sep 30, 1994

Citations

207 A.D.2d 1029 (N.Y. App. Div. 1994)
617 N.Y.S.2d 676

Citing Cases

Borrman v. Bogold

Memorandum: Supreme Court erred in denying defendant's motion for summary judgment dismissing the complaint…