Appellate Division of the Supreme Court of New York, 1998

Finsterer v. Estreicher

Finsterer v. Estreicher
Appellate Division of the Supreme Court of New York · Decided May 18, 1998
250 A.D.2d 729; 672 N.Y.S.2d 259; 1998 N.Y. App. Div. LEXIS 5816
Finsterer v. Estreicher

Opinion of the Court

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), dated *730October 15, 1997, which granted the defendants’ motion for summary judgment dismissing the complaint based on the plaintiffs failure to sustain a serious injury as defined by Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the defendants established their entitlement to judgment as a matter of law and that the plaintiff failed to raise a triable issue of fact (see, CPLR 3212 [b]) as to whether she sustained a serious injury as defined by Insurance Law § 5102 (d). Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.

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