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Silverstein v. DiFasano

Appellate Division of the Supreme Court of New York, Second Department
Apr 6, 1998
249 A.D.2d 293 (N.Y. App. Div. 1998)

Opinion

April 6, 1998

Appeal from the Supreme Court, Nassau County (Roberto, J.).


Ordered that the order is reversed insofar as appealed from, with costs, the defendant's motion for summary judgment is denied, and the complaint is reinstated.

As the proponent of a motion for summary judgment, the defendant was required to make a prima facie showing that the injured plaintiff did not sustain a serious injury as a result of the underlying accident (see, Gaddy v. Eyler, 79 N.Y.2d 955; Flanagan v. Hoeg, 212 A.D.2d 756). In support of her motion, the defendant submitted, inter alia, the affirmed medical report of the physician who examined the injured plaintiff on the defendant's behalf. Neither that report nor the other evidence submitted by the defendant established a prima facie case that the injured plaintiff did not sustain a serious injury as defined by Insurance Law § 5102 (d) (see, Mendola v. Demetres, 212 A.D.2d 515; Feuerman v. Achtar, 246 A.D.2d 577; Mastromonica v. Conklin, 246 A.D.2d 581; Fouad v. Riser, 246 A.D.2d 508). Therefore, the defendant's motion for summary judgment should have been denied.

Mangano, P.J., Miller, Pizzuto and Krausman, JJ., concur.


Summaries of

Silverstein v. DiFasano

Appellate Division of the Supreme Court of New York, Second Department
Apr 6, 1998
249 A.D.2d 293 (N.Y. App. Div. 1998)
Case details for

Silverstein v. DiFasano

Case Details

Full title:BEA SILVERSTEIN et al., Appellants, v. CHARLOTTE DiFASANO, Respondent

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

Date published: Apr 6, 1998

Citations

249 A.D.2d 293 (N.Y. App. Div. 1998)
670 N.Y.S.2d 344