Chryssty v. Koskovolis
Cases that cite this one
2 later published cases cite this decision.
- Vaughan-Ware v. Darcy (Appellate Division of the Supreme Court of New York 2013)
- Vaughan-Ware v. Darcy (Appellate Division of the Supreme Court of New York 2013)
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
Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, and those branches of the separate motions of the defendants Louis Koskovolis and Bruce Yafa which were for summary judgment dismissing the complaint insofar as asserted against each of them on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) are denied.
The defendants Louis Koskovolis and Bruce Yafa met their prima facie burdens of showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (see Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]; Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]). Koskovolis and Yafa submitted competent medical evidence establishing, prima facie, that the alleged injuries to the cervical and lumbar regions of the plaintiffs spine did not constitute serious injuries within the meaning of Insurance Law § 5102 (d) (see Rodriguez v Huerfano, 46 AD3d 794, 795 [2007]).
Yafa’s alternative contention that the Supreme Court should have granted that branch of his motion which was for summary judgment on the issue of liability (see Parochial Bus Sys. v Board of Educ. of City of N.Y., 60 NY2d 539 [1983]; Volkov v Girsh, 9 AD3d 424, 425 [2004]) is without merit. Yafa failed to establish, prima facie, that he was not negligent in the operation of his vehicle (cf. Volkov v Girsh, 9 AD3d at 425). Dillon, J.E, Hall, Roman and Cohen, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.