AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

JULIANA TURCHUK, Appellant, v. TOWN OF WALLKILL, Respondent.

Ordered that the order is affirmed, with costs.

In support of its motion for summary judgment, the defendant submitted a report from a physician who examined the plaintiff and found that although the plaintiff had sustained a contusion to the right shoulder, she no longer showed any objective signs of pathology. The defendant therefore demonstrated prima facie entitlement to summary judgment ( see, Licari v. Elliott, 57 N.Y.2d 230, 239; Stallone v. County of Suffolk, 209 A.D.2d 403; Pagano v. Kingsbury, 182 A.D.2d 268, 271; Forte v. Vaccaro, 175 A.D.2d 153).

In opposition, the plaintiff asserted that she could not perform her daily activities for six months after the accident. The plaintiff's self-serving statements concerning her inability to perform household chores for six months after the accident, without more, were insufficient to show that she had sustained a medically-determined injury or impairment of a nonpermanent nature which prevented her from performing substantially all of the material acts which constituted her usual and customary daily activities for a period of not less than 90 days during the 180-day period immediately following the accident ( see, Yagliyan v. Gun Shik Yang, 241 A.D.2d 518; Atamian v. Mintz, 216 A.D.2d 430; Zelenak v. Clark, 170 A.D.2d 677; Phillips v. Costa, 160 A.D.2d 855).

Rosenblatt, J. P., O'Brien, Sullivan, Krausman and Florio, JJ., concur.

Use AI to get other relevant cases.

Comments

TURCHUK v. TOWN OF WALLKILL
(Nov 30, 1998)