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Passalacqua v. Tomko

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 10, 1987
134 A.D.2d 961 (N.Y. App. Div. 1987)

Opinion

November 10, 1987

Appeal from the Supreme Court, Ontario County, Henry, J.

Present — Callahan, J.P., Denman, Boomer, Pine and Lawton, JJ.


Order unanimously reversed on the law without costs and motion granted. Memorandum: Defendant's motion for summary judgment dismissing the complaint should have been granted because plaintiff failed to meet the threshold of Insurance Law § 5102 (d). Subjective complaints of the plaintiff without medical foundation are insufficient to establish a prima facie case of serious injury within the purview of the statute (Costa v Billingsley, 127 A.D.2d 990; Doyle v. Erie County Water Auth., 113 A.D.2d 1016).


Summaries of

Passalacqua v. Tomko

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 10, 1987
134 A.D.2d 961 (N.Y. App. Div. 1987)
Case details for

Passalacqua v. Tomko

Case Details

Full title:GABRIELE PASSALACQUA, Respondent, v. GERALD TOMKO, Appellant

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

Date published: Nov 10, 1987

Citations

134 A.D.2d 961 (N.Y. App. Div. 1987)

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