| Rivera v Fernandez & Ulloa Auto Group |
| 2015 NY Slip Op 06689 [25 NY3d 1222] |
| August 27, 2015 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, October 7, 2015 |
| Richard Rivera et al., Appellants, v Fernandez & Ulloa Auto Group et al., Respondents. |
Decided August 27, 2015
Rivera v Fernandez & Ulloa Auto Group, 123 AD3d 509, affirmed.
The Law Office of Judah Z. Cohen, PLLC, Woodmere (Judah Z. Cohen of counsel), for appellants.
Baker, McEvoy, Morrissey & Moskovits, P.C., Brooklyn (Colin F. Morrissey of counsel), for respondents.
New York State Trial Lawyers Association, New York City (Michael S. Levine of counsel), for New York State Trial Lawyers Association, amicus curiae.
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. The Appellate Division correctly concluded that plaintiff failed to raise a triable issue of fact as to whether he suffered a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the underlying motor vehicle accident.
Concur: Chief Judge Lippman and Judges Pigott, Rivera, Abdus-Salaam, Stein and Fahey.