Appellate Division of the Supreme Court of New York, 2001

Fisher v. Williams

Appellate Division of the Supreme Court of New York · Decided December 10, 2001

289 A.D.2d 288; 734 N.Y.S.2d 497; 2001 N.Y. App. Div. LEXIS 11986

Cases that cite this one

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

Strenk v. Rodas (Appellate Division of the Supreme Court of New York 2013)
Strenk v. Rodas (Appellate Division of the Supreme Court of New York 2013)
Villante v. Miterko (Appellate Division of the Supreme Court of New York 2010)
Robinson-Lewis v. Grisafi (Appellate Division of the Supreme Court of New York 2010)
Riley v. Randazzo (Appellate Division of the Supreme Court of New York 2010)
Staff v. Mair Yshua (Appellate Division of the Supreme Court of New York 2009)
Desir v. Castillo (Appellate Division of the Supreme Court of New York 2009)
Wang v. Harget Cab Corp. (Appellate Division of the Supreme Court of New York 2008)
Rashid v. Estevez (Appellate Division of the Supreme Court of New York 2008)
Sharma v. Diaz (Appellate Division of the Supreme Court of New York 2008)
Deutsch v. Tenempaguay (Appellate Division of the Supreme Court of New York 2008)
Penaloza v. Chavez (Appellate Division of the Supreme Court of New York 2008)
Kaminski v. Kawamoto (Appellate Division of the Supreme Court of New York 2008)
Marrache v. Akron Taxi Corp. (Appellate Division of the Supreme Court of New York 2008)
Leeber v. Ward (Appellate Division of the Supreme Court of New York 2008)
Albano v. Onolfo (Appellate Division of the Supreme Court of New York 2007)
Parente v. Kang (Appellate Division of the Supreme Court of New York 2007)
Montas v. Tuelia (Appellate Division of the Supreme Court of New York 2007)
Bestman v. Seymour (Appellate Division of the Supreme Court of New York 2007)
Ali v. Mirshah (Appellate Division of the Supreme Court of New York 2007)
Verette v. Zia (Appellate Division of the Supreme Court of New York 2007)
Govori v. Agate Corp. (Appellate Division of the Supreme Court of New York 2007)
Munoz v. Koyfman (Appellate Division of the Supreme Court of New York 2007)
Roman v. Fast Lane Car Service, Inc. (Appellate Division of the Supreme Court of New York 2007)
Moore v. Edison (Appellate Division of the Supreme Court of New York 2006)

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, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Nassau County (Palmieri, J.), dated February 8, 2001, as granted the separate motions of the defendants for summary judgment dismissing the complaint insofar as asserted against them on *289the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed insofar as appealed from, with costs to the respondent Peter Hatzioannides.

In support of their respective motions for summary judgment, the defendants made a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see, Gaddy v Eyler, 79 NY2d 955; Grossman v Wright, 268 AD2d 79, 83-84). In opposition, the plaintiff failed to raise an issue of fact as to whether she sustained such a serious injury, since she failed to submit competent medical evidence in admissible form (see, Grasso v Angerami, 79 NY2d 813; Paulino v Xiaoyu Dai, 279 AD2d 619; Young v Ryan, 265 AD2d 547). Furthermore, in the absence of such admissible objective evidence of injury, the plaintiffs self-serving affidavit was insufficient to raise a triable issue of fact (see, Paulino v Xiaoyu Dai, supra). Santucci, J. P., Altman, Florio, H. Miller and Cozier, JJ., concur.

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