Appellate Division of the Supreme Court of New York, 1994

Palmer v. Los

Palmer v. Los
Appellate Division of the Supreme Court of New York · Decided November 7, 1994
209 A.D.2d 391; 619 N.Y.S.2d 603; 1994 N.Y. App. Div. LEXIS 11037
Palmer v. Los

Opinion of the Court

—In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Suffolk County (Gowan, J.), dated April 19, 1993, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the papers submitted by the defendants in support of their motion that are in admissible form do not establish, prima facie, entitlement to judgment as a matter of law, but rather, raise questions of *392fact with regard to whether the plaintiff suffered a serious injury within the meaning of Insurance Law § 5102 (d) (Pagano v Kingsbury, 182 AD2d 268). Mangano, P. J., Lawrence, Copertino, Krausman and Goldstein, JJ., concur.

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