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Cutting v. Najib
292 A.D.2d 563
| N.Y. App. Div. | 2002
|
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In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Schmidt, J.), dated May 31, 2001, which granted the defendants’ motion for summary judgment dismissing the complaint on the ground that he did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the plaintiff failed to come forward with sufficient admissible evidence to rebut the defendants’ initial showing that he did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see Amato v Psaltakis, 279 AD2d 439). Thus, summary judgment dismissing the complaint was properly granted to the defendants (see Licari v Elliott, 57 NY2d 230). Altman, J.P., Smith, Krausman, McGinity and Cozier, JJ., concur.

Case Details

Case Name: Cutting v. Najib
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Mar 25, 2002
Citation: 292 A.D.2d 563
Court Abbreviation: N.Y. App. Div.
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