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Appellate Division of the Supreme Court of New York, 1996

DiDomenico v. Town of Hempstead

DiDomenico v. Town of Hempstead
Appellate Division of the Supreme Court of New York · Decided March 4, 1996
225 A.D.2d 514; 639 N.Y.2d 719; 639 N.Y.S.2d 719; 1996 N.Y. App. Div. LEXIS 1929
DiDomenico v. Town of Hempstead

Opinion of the Court

*515We agree with the Supreme Court that the appellant failed to establish a prima facie case of serious injury within the meaning of Insurance Law § 5102 (d). Thus, summary judgment was properly awarded to the defendants (see, Insurance Law § 5104 [a]; Licari v Elliott, 57 NY2d 230). Thompson, J. P., Friedmann, Florio and McGinity, JJ., concur.

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