25 NY3d 1222
NY
2015

Richard Rivera et al., Appellants, v Fernandez & Ulloa Auto Group et al., Respondents.

Court of Appeals of the State of New York

August 27, 2015

2015 NY Slip Op 06689 [25 NY3d 1222]

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, October 7, 2015

Decided August 27, 2015

Rivera v Fernandez & Ulloa Auto Group, 123 AD3d 509, affirmed.

APPEARANCES OF COUNSEL

The Law Office of Judah Z. Cohen, PLLC, Woodmere (Judah Z. Cohen of counsel), for appellants.

Baker, McEvoy, Morrissey & Moskovits, P.C., Brooklyn (Colin F. Morrissey of counsel), for respondents.

New York State Trial Lawyers Association, New York City (Michael S. Levine of counsel), for New York State Trial Lawyers Association, amicus curiae.

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. The Appellate Division correctly concluded that plaintiff failed to raise a triable issue of fact as to whether he suffered a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the underlying motor vehicle accident.

Concur: Chief Judge Lippman and Judges Pigott, Rivera, Abdus-Salaam, Stein and Fahey.