Peel v. Jordan

Full title: LYNNE PEEL, Respondent, v. MARJORIE H. JORDAN, Appellant

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

Date published: Mar 14, 1994

202 A.D.2d 485 (N.Y. App. Div. 1994)

609 N.Y.S.2d 74

Opinion

March 14, 1994

Appeal from the Supreme Court, Suffolk County (Baisley, J.).

Ordered that the order is reversed, on the law, with costs, the defendant's motion is granted, and the complaint is dismissed.

The plaintiff's subjective complaints of ringing in the ear, and her minor bruises, are insufficient to make out a prima facie case of "serious injury" within the meaning of Insurance Law § 5102 (d). Accordingly, the court should have granted the defendant's motion for summary judgment dismissing the complaint (see, Insurance Law § 5104 [a]; Scheer v. Koubek, 70 N.Y.2d 678; Licari v. Elliott, 57 N.Y.2d 230). Sullivan, J.P., Pizzuto, Joy and Goldstein, JJ., concur.