Franklin v. Gareyua, 29 N.Y.3d 925

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question answered in the affirmative. The Appellate Division correctly concluded that plaintiff failed to raise a triable issue of fact as to whether he suffered a serious left shoulder injury within the meaning of Insurance Law § 5102 (d) as a result of the underlying motor vehicle accident.

Concur: Chief Judge DiFiore and Judges Rivera, Abdus-Salaam, Stein, Fahey, Garcia and Wilson.

Case Details

Case Name: Franklin v. Gareyua

Court Name: New York Court of Appeals

Date Published: Mar 23, 2017

Citations: 29 N.Y.3d 925; 71 N.E.3d 1218; 49 N.Y.S.3d 651; 2017 NY Slip Op 02091

Court Abbreviation: N.Y.