AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

COLEEN D. FISHER, Appellant, v. FRANK WILLIAMS, ETC., ET AL., Respondents.

ORDERED that the order is affirmed insofar as appealed from, with costs to the respondent Peter Hatzioannides.

In support of their respective motions for summary judgment, the defendants made a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d) (see, Gaddy v. Eyler, 79 N.Y.2d 955; Grossman v. Wright, 268 A.D.2d 79, 83-84). In opposition, the plaintiff failed to raise an issue of fact as to whether she sustained such a serious injury, since she failed to submit competent medical evidence in admissible form (see, Grasso v. Angerami, 79 N.Y.2d 813; Paulino v. Xiaoyu Dai, 279 A.D.2d 619; Young v. Ryan, 265 A.D.2d 547). Furthermore, in the absence of such admissible objective evidence of injury, the plaintiff's self-serving affidavit was insufficient to raise a triable issue of fact (see, Paulino v. Xiaoyu Dai, supra).

SANTUCCI, J.P., ALTMAN, FLORIO, H. MILLER and COZIER, JJ., concur.

Use AI to get other relevant cases.

Comments

FISHER v. WILLIAMS
(Dec 10, 2001)