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Supper v. Christian

Appellate Division of the Supreme Court of New York, Fourth Department
May 25, 1984
101 A.D.2d 998 (N.Y. App. Div. 1984)

Opinion

May 25, 1984

Appeal from the Supreme Court, Onondaga County, Sullivan, J.

Present — Dillon, P.J., Callahan, Doerr, O'Donnell and Moule, JJ.


Order unanimously reversed, without costs, and motion granted. Memorandum: In this personal injury action, defendants appeal from an order denying their motion for summary judgment dismissing the complaint. We reverse. The medical reports and hospital records submitted by the parties on the motion demonstrate as a matter of law that plaintiff did not suffer a "serious injury" as that term is defined in subdivision 4 of section 671 Ins. of the Insurance Law (see Thrall v City of Syracuse, 96 A.D.2d 715, revd for reasons stated in dissenting mem of Justice Moule 60 N.Y.2d 950; Licari v Elliott, 57 N.Y.2d 230). Since plaintiff otherwise failed to establish any question of fact on that issue, summary judgment should have been granted to defendants (see Shaffer v Kasperek, 79 A.D.2d 1092; Ferguson v Temmons, 79 A.D.2d 1090).


Summaries of

Supper v. Christian

Appellate Division of the Supreme Court of New York, Fourth Department
May 25, 1984
101 A.D.2d 998 (N.Y. App. Div. 1984)
Case details for

Supper v. Christian

Case Details

Full title:SUSAN SUPPER, Respondent, v. KIM CHRISTIAN et al., Appellants

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

Date published: May 25, 1984

Citations

101 A.D.2d 998 (N.Y. App. Div. 1984)