AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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
Judges

THOMAS MALIADIS, Respondent, v. MICHAEL GIACONNELLI, Appellant, et al., Defendant.

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

By relying solely on an unsworn medical report of his own physician, the plaintiff failed to submit sufficient evidence in opposition to the appellant's motion for summary judgment (see, Pagano v. Kingsbury, 182 A.D.2d 268). Moreover, we conclude that the plaintiff has failed to establish a prima facie case of serious injury within the meaning of Insurance Law § 5102 (d) (see, Licari v. Elliott, 57 N.Y.2d 230; Phillips v. Costa, 160 A.D.2d 855; Philpotts v. Petrovic, 160 A.D.2d 856). Bracken, J.P., Lawrence, Miller, Copertino and Santucci, JJ., concur.

Use AI to get other relevant cases.

Comments

MALIADIS v. GIACONNELLI
(Mar 29, 1993)