Walker v. Wilke

Full title: ALFRED M. WALKER et al., Appellants, v. FREDERICK WILKE, Respondent

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

Date published: Oct 19, 1998

254 A.D.2d 410 (N.Y. App. Div. 1998)

678 N.Y.S.2d 753

Opinion

October 19, 1998

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

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that in opposition to the defendant's motion for summary judgment, the plaintiffs failed to raise a triable issue of fact as to whether the plaintiff Alfred M. Walker sustained a serious injury as defined by Insurance Law § 5102 (d).

Miller, J. P., Thompson, Pizzuto and McGinity, JJ., concur.