Appellate Division of the Supreme Court of New York, 1997

Lupo v. Kam On Cheung

Appellate Division of the Supreme Court of New York · Decided February 24, 1997

236 A.D.2d 594; 654 N.Y.S.2d 680; 1997 N.Y. App. Div. LEXIS 1573

Cases that cite this one

2 later published cases cite this decision.

Frier v. Teague (Appellate Division of the Supreme Court of New York 2001)
Jeannot v. Lawrence (Appellate Division of the Supreme Court of New York 1997)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (O’Donoghue, J.), entered January 18, 1996, which granted the defendants’ separate motions for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with one bill of costs.

The defendants presented sufficient evidence to demonstrate, as a matter of law, that the injured plaintiffs Felicia Lupo and Ann-Marie Ciulla did not sustain any serious injuries within the meaning of Insurance Law § 5102 (d). The plaintiffs’ proffered evidence failed to demonstrate a "permanent consequential limitation of use of a body organ or member” or a "significant limitation of use of a body function or system”. The *595affidavits of the doctor and chiropractor failed to specify the extent or degree of limitation in the range of movement of either of the injured plaintiffs (see, Lichtman-Williams v Desmond, 202 AD2d 646; Tipping-Cestari v Kilkenny, 174 AD2d 663). Summary judgment was therefore properly granted. Rosenblatt, J. P., Copertino, Pizzuto, Krausman and Florio, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.