Rhind v. Naylor

• Decision Date: 09 November 1992
• Citation: Rhind v. Naylor, 589 N.Y.S.2d 605, 187 A.D.2d 498 (N.Y. App. Div. 1992)
• Parties: Christine RHIND, Respondent, v. Richard D. NAYLOR, Appellant, et al., Defendants.
• Court: New York Supreme Court — Appellate Division

Page 605

589 N.Y.S.2d 605

187 A.D.2d 498

Christine RHIND, Respondent, v. Richard D. NAYLOR, Appellant, et al., Defendants.

Supreme Court, Appellate Division Second Department.

Nov. 9, 1992.

Rivkin, Radler, Bayh, Hart & Kremer, Uniondale (Evan H. Krinick and Laura J. Reimer, of counsel), for appellant.

Agoglia, Fassberg, Magee & Crowe, P.C., Mineola (E. Kevin Agoglia, of counsel), for respondent.

Before THOMPSON, J.P., and HARWOOD, BALLETTA, ROSENBLATT and EIBER, JJ.

MEMORANDUM BY THE COURT.

In an action to recover damages for personal injuries, the defendant Richard D. Naylor appeals from an order of the Supreme Court, Suffolk County (Baisley, J.), dated September 20, 1990, which denied his motion for summary judgment dismissing the complaint in its entirety.

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

The medical reports submitted by the appellant, prepared by the plaintiff's treating physicians, establish that the plaintiff did not suffer a serious injury within the meaning of Insurance Law § 5102(d) (see, Pagano v. Kingsbury, 182 A.D.2d 268, 587 N.Y.S.2d 692). Those reports show that the plaintiff suffered mild cervical and lumbar sprains. We find that these injuries are insignificant within the meaning of the statute (see, Serio v. Radin, 168 A.D.2d 612, 563 N.Y.S.2d 452; Konco v. E.T.C. Leasing Corp., 160 A.D.2d 680, 553 N.Y.S.2d 457; Delfino v. Davey, 159 A.D.2d 604, 552 N.Y.S.2d 658). The subjective quality of the plaintiff's pain does not fall within the objective verbal definition of serious injury as contemplated in the no-fault law (see, Konco v. E.T.C. Leasing Corp., supra; Delfino v. Davey, supra). In addition, the plaintiff has failed to present any evidence establishing that she was...