Wahrheit v. Ciliotta

Summary

The Appellate Division, Second Department affirmed an order denying the plaintiff's motion for summary judgment on whether she sustained a serious injury under Insurance Law § 5102(d) in a motor vehicle accident case. The court held that the plaintiff failed to establish a prima facie showing of serious injury under the applicable limitation-of-use and significant-disfigurement categories.

Holdings

1. The plaintiff failed to meet her prima facie burden of showing that she sustained a serious injury within the meaning of Insurance Law § 5102(d) as a result of the accident.
2. Because the plaintiff failed to satisfy her prima facie burden, the Supreme Court properly denied the motion without regard to the sufficiency of the defendant's opposition papers.

Questions Presented

1. Whether the plaintiff established prima facie that she sustained a serious injury to the cervical region of her spine under the permanent consequential limitation-of-use or significant limitation-of-use categories of Insurance Law § 5102(d).
2. Whether the plaintiff established prima facie that she sustained a serious injury under the significant-disfigurement category of Insurance Law § 5102(d).
3. Whether the Supreme Court properly denied the plaintiff's summary-judgment motion without evaluating the sufficiency of the defendant's opposition papers.

Disposition

affirmed