Opinion
2017-07713 Index No. 9012/13
12-11-2019
Roy TUCCILLO, Appellant, v. TOWN OF NORTH HEMPSTEAD, et al., Respondents.
Langone & Associates, PLLC, Garden City, N.Y. (Richard M. Langone of counsel), for appellant. Elizabeth D. Botwin, Town Attorney, Manhasset, N.Y. (Amanda Abata of counsel), for respondents.
Langone & Associates, PLLC, Garden City, N.Y. (Richard M. Langone of counsel), for appellant.
Elizabeth D. Botwin, Town Attorney, Manhasset, N.Y. (Amanda Abata of counsel), for respondents.
CHERYL E. CHAMBERS, J.P., JOSEPH J. MALTESE, HECTOR D. LASALLE, LINDA CHRISTOPHER, JJ.
DECISION & ORDER In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Julianne T. Capetola, J.), dated July 11, 2017. The judgment, upon a jury verdict finding that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d) as a result of the subject accident, is in favor of the defendants and against the plaintiff, in effect, dismissing the complaint.
ORDERED that the judgment is affirmed, with costs.
The plaintiff commenced this action to recover damages for personal injuries he allegedly sustained on February 9, 2013, when a snow plow operated by the defendant William J. Wilenski, an employee of the defendant Town of North Hempstead, struck the vehicle operated by the plaintiff. The plaintiff alleged that he sustained a serious injury within the meaning of Insurance Law § 5102(d) as a result of the accident. Following a jury trial on damages, the jury returned a verdict in favor of the defendants. The plaintiff appeals.
The plaintiff's contention concerning the Supreme Court's decision not to charge the jury with respect to the 90/180 category of Insurance Law § 5102(d) is unpreserved for appellate review (see Parchment v. TJX Cos., Inc., 171 A.D.3d 1200, 1201, 96 N.Y.S.3d 885 ; Donina v. D.N.R. Group of Cos., Inc., 114 A.D.3d 720, 980 N.Y.S.2d 514 ).
CHAMBERS, J.P., MALTESE, LASALLE and CHRISTOPHER, JJ., concur.