FRANKLIN v. GAREYUA, 29 N.Y.3d 925 (2017)
Court: Court of Appeals of New York
Number: innyco20170323290
Visitors: 8
Filed: Mar. 23, 2017
Latest Update: Mar. 23, 2017
Summary: OPINION OF THE COURT On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question answered in the affirmative. The Appellate Division correctly concluded that plaintiff failed to raise a triable issue of fact as to whether he suffered a serious left shoulder injury within the meaning of Insurance Law 5102 (d) as a result of the underlying motor vehicle accident.
OPINION OF THE COURT
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question answered in the affirmative. The Appellate Division correctly concluded that plaintiff failed to raise a triable issue of fact as to whether he suffered a serious left shoulder injury within the meaning of Insurance Law § 5102 (d) as a result of the underlying motor vehicle accident.
Source: Leagle
