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Taylor v. Yan Young Zhao

Appellate Division of the Supreme Court of New York, Second Department
Jan 16, 2001
279 A.D.2d 518 (N.Y. App. Div. 2001)

Opinion

Submitted December 13, 2000.

January 16, 2001.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (R. Goldberg, J.), dated January 21, 2000, which granted the defendants' motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102[d].

Mann Just, LLP, New York, N.Y. (Michael Mann and Peter P. Sweeney of counsel), for appellant.

Jaffe Nohavicka, New York, N.Y. (Stacy R. Seldin of counsel), for respondents.

Before: DAVID S. RITTER, J.P., WILLIAM D. FRIEDMANN, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The defendants met their initial burden on the motion by submitting the affirmations of an orthopedist and neurologist who examined the plaintiff and concluded that no objective medical findings supported his claim that he had sustained a serious injury (see, Gaddy v. Eyler, 79 N.Y.2d 955, 956-957; Grossman v. Wright, 268 A.D.2d 79, 83-84). The plaintiff's opposition papers were insufficient to raise a triable issue of fact (see, Foley v. Karvelis, ___ A.D.2d ___ [2d Dept., Oct. 23, 2000]; Nisnewitz v. Renna, 273 A.D.2d 210; Guzman v. Michael Mgt., 266 A.D.2d 508).


Summaries of

Taylor v. Yan Young Zhao

Appellate Division of the Supreme Court of New York, Second Department
Jan 16, 2001
279 A.D.2d 518 (N.Y. App. Div. 2001)
Case details for

Taylor v. Yan Young Zhao

Case Details

Full title:WINSTON TAYLOR, APPELLANT, v. YAN YOUNG ZHAO, ET AL., RESPONDENTS

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

Date published: Jan 16, 2001

Citations

279 A.D.2d 518 (N.Y. App. Div. 2001)
718 N.Y.S.2d 876

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