AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
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
Attorney(S)

NICK CEGLIAN, ET AL., respondents, v. WILLIAM T. CHAN, appellant.

ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

In support of his motion for summary judgment, the appellant submitted evidence in admissible form establishing that the plaintiff Nick Ceglian did not sustain a serious injury within the meaning of Insurance Law § 5102(d) as a result of the subject motor vehicle accident (see, Gaddy v. Eyler, 79 N.Y.2d 955). In opposition to the motion, the plaintiffs submitted an affidavit of the treating physician indicating that Ceglian suffered from disc herniations and bulging discs. However, "such injuries alone do not constitute serious injury" (Descovitch v. Blieka, A.D.2d [2d Dept., Jan. 16, 2001). In the absence of sufficient objective proof of the extent or degree of the alleged physical limitations resulting from the disc injuries, and that the subject motor vehicle accident was the cause of these disc injuries, the plaintiffs failed to raise an issue of fact to defeat summary judgment (see, Descovitch v. Blieka, supra; Sainte-Aime v. Ho, 274 A.D.2d 569; Greene v. Miranda, 272 A.D.2d 441; Grossman v. Wright, 268 A.D.2d 79).

O'BRIEN, J.P., KRAUSMAN, SCHMIDT and CRANE, JJ., concur.

Use AI to get other relevant cases.

Comments

CEGLIAN v. CHAN
(May 21, 2001)