Appellate Division of the Supreme Court of New York, 2002

Smith v. Wetzel

Appellate Division of the Supreme Court of New York · Decided May 20, 2002

294 A.D.2d 488; 742 N.Y.S.2d 568; 2002 N.Y. App. Div. LEXIS 5258

Cases that cite this one

1 later published case cites this decision.

Lichtman v. Heit (Appellate Division of the Supreme Court of New York 2002)

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 defendant appeals from an order of the Supreme Court, Queens County (Golar, J.), dated May 4, 2001, which denied his motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed, without costs or disbursements.

The defendant’s motion papers failed to establish, prima *489facie, his entitlement to judgment as a matter of law dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see Junco v Ranzi, 288 AD2d 440; Mendola v Demetres, 212 AD2d 515; Flanagan v Hoeg, 212 AD2d 756). Ritter, J.P., Florio, Goldstein, Luciano and Cozier, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.