303 A.D.2d 567 756 N.Y.S.2d 484

Javier Navarro, Appellant, v Elias Noa et al., Respondents.

[756 NYS2d 484]

—In an action, inter alia, to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Golar, J.), dated June 4, 2002, which granted the defendants’ respective motions for summary judgment dismissing the complaint insofar as asserted against them 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, with costs.

The plaintiff failed to come forward with admissible evidence, and thus did not rebut the defendants’ initial showings that he did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) (see Amato v Psaltakis, 279 AD2d 439 [2001]). Thus, the Supreme Court properly granted the defendants’ respective motions for summary judgment dismissing the complaint insofar as asserted against them (see Licari v Elliott, 57 NY2d 230 [1982]). Florio, J.P., S. Miller, Friedmann, Townes and Mastro, JJ., concur.

Navarro v. Noa
303 A.D.2d 567 756 N.Y.S.2d 484

Case Details

Name
Navarro v. Noa
Decision Date
Mar 17, 2003
Citations

303 A.D.2d 567

756 N.Y.S.2d 484

Jurisdiction
New York

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