(DOWNLOAD) "Sigona v. New York City Transit Authority" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Sigona v. New York City Transit Authority
- Author : Supreme Court of New York
- Release Date : January 19, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
The motion to dismiss the complaint was properly granted since defendants made a sufficient prima facie showing that Mr. Sigona had not suffered serious injury within the meaning of Insurance Law § 5102(d) and plaintiffs, in response, did not come forward with evidence raising a triable issue. In this connection, we note that there is no indication as to whether the medical diagnoses upon which plaintiffs rely are based on objective tests or merely upon plaintiffs subjective complaints (see, Logarzo v DAngelis-Hall, __ AD2d __, 669 NYS2d 909). Moreover, none of plaintiffs reported symptoms, including those described by the doctor from the no-fault insurance carrier, who found that Mr. Sigona suffered from a "mild partial disability", constituted a "significant limitation of a use of a body function" within the meaning of the statute (see, Licari v Elliott, 57 NY2d 230). Finally, we note that Mr. Sigonas deposition testimony to the effect that he was out of work for "at least six months while under active medical care" does not, in the absence of a physicians affidavit substantiating that his alleged impairment was attributable to a "medically determined" injury, suffice to raise a triable issue as to whether plaintiff was prevented from performing "substantially all of the material acts which constitute his usual and customary activities for 90 days during the 180 days immediately following the accident" (see, Insurance Law § 5102[d]; Ryan v Xuda, 243 AD2d 457).
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