Appellate Division of the Supreme Court of New York, 1997

Locasio v. Astoria Bus Co.

Locasio v. Astoria Bus Co.
Appellate Division of the Supreme Court of New York · Decided February 10, 1997
236 A.D.2d 447; 654 N.Y.S.2d 608; 1997 N.Y. App. Div. LEXIS 1210
Locasio v. Astoria Bus Co.

Opinion of the Court

—In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Dowd, J.), *448dated January 8, 1996, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

After the defendants made out a prima facie case for summary judgment, the plaintiffs failed to raise a triable issue of fact (CPLR 3212 [b]) as to whether the plaintiff Vincent Locasio sustained a serious injury as defined by Insurance Law § 5102 (d). Rosenblatt, J. P., Copertino, Pizzuto, Krausman and Florio, JJ., concur.

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