Appellate Division of the Supreme Court of New York, 2000

Greene v. Miranda

Appellate Division of the Supreme Court of New York · Decided May 15, 2000

272 A.D.2d 441; 708 N.Y.S.2d 310; 2000 N.Y. App. Div. LEXIS 5588

Cases that cite this one

63 later published cases cite this decision. The 25 that cite it most often are listed here.

Sainte-Aime v. Ho (Appellate Division of the Supreme Court of New York 2000)
Casella v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2005)
Howell v. Reupke (Appellate Division of the Supreme Court of New York 2005)
Kivlan v. Louis Acevedo (Appellate Division of the Supreme Court of New York 2005)
Doran v. Sequino (Appellate Division of the Supreme Court of New York 2005)
Holder v. Brown (Appellate Division of the Supreme Court of New York 2005)
Boyle v. Gundogan (Appellate Division of the Supreme Court of New York 2005)
Young v. Gonzalez (Appellate Division of the Supreme Court of New York 2005)
Khan v. Hamid (Appellate Division of the Supreme Court of New York 2005)
Teodoru v. Conway Transport Service, Inc. (Appellate Division of the Supreme Court of New York 2005)
Mauchy v. Nieves (Appellate Division of the Supreme Court of New York 2005)
Mohamed v. Siffrain (Appellate Division of the Supreme Court of New York 2005)
Nelson v. Amicizia (Appellate Division of the Supreme Court of New York 2005)
Paykina v. Golden (Appellate Division of the Supreme Court of New York 2005)
Hernandez v. Bahlke (Appellate Division of the Supreme Court of New York 2004)
Osbourne v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2004)
Mendoza v. Whitmire (Appellate Division of the Supreme Court of New York 2004)
Ramos v. Incorporated Village of Freeport (Appellate Division of the Supreme Court of New York 2004)
Williams v. Tronchin (Appellate Division of the Supreme Court of New York 2004)
Simmons v. Garofalo (Appellate Division of the Supreme Court of New York 2004)
Tanzi v. Town of Brookhaven (Appellate Division of the Supreme Court of New York 2004)
Millar v. Town of Oyster Bay (Appellate Division of the Supreme Court of New York 2004)
Nolin v. Roderick (Appellate Division of the Supreme Court of New York 2004)
Flynn v. Flynn (Appellate Division of the Supreme Court of New York 2004)
Rivera v. Francis (Appellate Division of the Supreme Court of New York 2004)

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 defendants appeal from an order of the Supreme Court, Nassau County (McCaffrey, J.), dated June 23, 1999, which denied their motion for summary judgment dismissing the complaint on the ground that the *442plaintiff Bonnie G. Greene did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The affirmed medical reports which the defendants submitted in support of their motion for summary judgment made out a prima facie case that the plaintiff Bonnie G. Greene (hereinafter Greene) did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (see, Gaddy v Eyler, 79 NY2d 955). The plaintiffs’ opposition papers failed to raise a triable issue of fact as to whether Greene sustained a serious injury. While the plaintiffs submitted evidence that Greene suffered from herniated discs and a bulging disc, they failed to provide any objective evidence of the extent or degree of the alleged physical limitations resulting from these disc injuries and their duration (see, Grossman v Wright, 268 AD2d 79; Guzman v Michael Mgt., 266 AD2d 508; Noble v Ackerman, 252 AD2d 392, 394), or that the 1996 accident was a proximate cause of these disc injuries (see, Cacaccio v Martin, 235 AD2d 384; Waaland v Weiss, 228 AD2d 435; Beckett v Conte, 176 AD2d 774).

Moreover, the plaintiffs failed to demonstrate that Greene was prevented from performing substantially all of the material acts which constituted her usual and customary daily activities for a period of not less than 90 days during the 180-day period immediately following the accident (see, Licari v Elliott, 57 NY2d 230; Buonaiuto v Shulberg, 254 AD2d 384; Ciaccio v J & R Home Improvements, 149 AD2d 558). O’Brien, J. P., Altman, Friedmann, McGinity and Smith, JJ., concur.

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