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Iaria v. Romero

Appellate Division of the Supreme Court of New York, Second Department
Jun 28, 1993
194 A.D.2d 769 (N.Y. App. Div. 1993)

Opinion

June 28, 1993

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


Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

A review of the medical reports prepared by the plaintiff's physician, the hospital reports submitted, and the plaintiff's own deposition testimony, establishes that the plaintiff did not suffer a serious injury within the meaning of Insurance Law § 5102 (d) (see, Pagano v. Kingsbury, 182 A.D.2d 268; Rhind v Naylor, 187 A.D.2d 498). Moreover, the subjective quality of the plaintiff's pain does not fall within the objective definition of serious injury as contemplated by the no-fault law (see, Scheer v. Koubek, 70 N.Y.2d 678, 679; Saladino v. Meury, 193 A.D.2d 727). Thompson, J.P., Miller, Eiber and Santucci, JJ., concur.


Summaries of

Iaria v. Romero

Appellate Division of the Supreme Court of New York, Second Department
Jun 28, 1993
194 A.D.2d 769 (N.Y. App. Div. 1993)
Case details for

Iaria v. Romero

Case Details

Full title:ROBERT IARIA, Appellant, v. CIRILO ROMERO et al., Respondents

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

Date published: Jun 28, 1993

Citations

194 A.D.2d 769 (N.Y. App. Div. 1993)
599 N.Y.S.2d 1011

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