Appellate Division of the Supreme Court of New York, 1995

Battisti v. Lepkowski

Battisti v. Lepkowski
Appellate Division of the Supreme Court of New York · Decided July 14, 1995
217 A.D.2d 952; 631 N.Y.S.2d 262; 1995 N.Y. App. Div. LEXIS 8375
Battisti v. Lepkowski

Opinion of the Court

Order unanimously affirmed with costs. Memorandum: Defendant moved for summary judgment on the ground that plaintiff did not sustain a "serious injury” within the meaning of Insurance Law § 5102 (d). Supreme Court properly denied that motion. The record shows that plaintiff sustained a medically determined injury of a non-permanent nature as the result of a motor vehicle accident. Plaintiff submitted evidence raising an issue of fact whether she was unable to perform substantially all of her usual and customary daily activities for more than 90 days immediately after the accident. (Appeal from Order of Supreme Court, Erie County, Howe, J.—Summary Judgment.) Present— Denman, P. J., Pine, Callahan, Doerr and Balio, JJ.

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