Appellate Division of the Supreme Court of New York, 2001

Liporace v. Baskshi

Liporace v. Baskshi
Appellate Division of the Supreme Court of New York · Decided December 4, 2001
289 A.D.2d 26; 733 N.Y.S.2d 861; 2001 N.Y. App. Div. LEXIS 11633
Liporace v. Baskshi

Opinion of the Court

Order, Supreme Court, Bronx County (Bertram Katz, J.), entered November 1, 2000, insofar as it granted that part of the motion of defendants Budget Car/ Truck Rental, Inc. and Patrick Henre Jean-Francois for summary judgment dismissing the claims of plaintiff Ralph Liporace, unanimously affirmed, without costs.

The admissible evidence set forth in opposition to defendants’ motion by plaintiff Ralph Liporace, which included no quantified findings as to any permanent consequential or significant physical limitation suffered by Mr. Liporace, was insufficient to raise a triable issue as to whether his injuries met the serious injury threshold of Insurance Law § 5102 (d) (see, Foley v Karvelis, 276 AD2d 666; Sherlock v Smith, 273 AD2d 95). Concur — Rosenberger, J. P., Nardelli, Mazzarelli, Wallach and Marlow, JJ.

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