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Defendant’s motion for summary judgment pursuant to Insurance Law § 5102(d), was granted. The Appellate Division affirmed...
July 26, 2022
Plaintiff's moved pursuant to CPLR 5015(a)(1) to vacate an order granting defendant's unopposed motion for summary judgment on the ground that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d). The Appellate Division affirmed. “On appeal, the defendant does not contest the Supreme Court's determination that the plaintiff established a reasonable excuse […]
March 29, 2022
Defendant’s motions for summary judgment on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) were granted. The Appellate Division affirmed.
March 26, 2020
Co-defendant’s motion for summary judgment on the issue of liability was granted in this motor vehicle accident case. The Appellate Division reversed. Plaintiff was operating a school bus, when the bus was involved in a three-vehicle accident. Co-defendants moved for summary judgment on the issue of liability and serious injury within the meaning of Insurance Law […]
March 27, 2019
Defendant’s motions for summary judgment on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) were granted. The Appellate Division affirmed.
March 29, 2018
Defendant’s motions for summary judgment on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) were granted. The Appellate Division affirmed.
After a jury trial on damages, the jury rendered a verdict that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102(d). Plaintiff appealed. The Appellate Division affirmed, finding the verdict was not contrary to the weight of the evidence, as conflicting expert testimony was presented and jurors are entitled to […]
March 27, 2017
Defendant’s motion for summary judgment on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) was denied. The Appellate Division reversed.
March 26, 2013
Defendant’s motion for summary judgment on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) was granted. Plaintiff moved to reargue, which was granted, and upon re-argument, vacated the award of summary judgment to defendant...
Defendant’s motions for summary judgment on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) were granted. The Appellate Division affirmed.
March 29, 2011
Plaintiff was awarded summary judgment on the issue of liability. The Appellate Division reversed...
March 25, 2012
Plaintiff's motion to renew and vacate a prior order granting defendant's motion for summary judgment on default, was denied. The Appellate Division affirmed. Plaintiff defaulted in opposing defendant's motion for summary judgment on the issue of lack of a serious injury pursuant to Insurance Law § 5102(d). Plaintiff did not move to vacate the default […]
March 27, 2019
Defendant was denied summary judgment on the issue of liability in this rear-end motor vehicle accident. The Appellate Division reversed.
March 26, 2016
Co-Defendant was the middle vehicle in a 3 vehicle rear-end chain accident. Co-Defendant moved for summary judgment, which was denied by the lower court. The Appellate Division affirmed, noting that there were questions of fact (i.e., order of impacts), as to whether the middle vehicle contributed to the proximate causation of this accident.
March 26, 2017
Defendant’s motion for dismissal pursuant to CPLR 3211(a)(7) was denied. The Appellate Division reversed.Co-defendant was the driver for commercial co-defendant, and an employee of a corporation in which defendant was a principal. Co-defendant struck plaintiff’s vehicle, while driving in the scope of his employment. Plaintiff brought suit against commercial defendant, and subsequently brought claims directly […]
March 26, 2015
Commercial contractor co-defendant appealed from decision, which granted plaintiff's motion pursuant to CPLR 5015(a) to vacate a prior order granting co- defendants summary judgment, and granted reargument to ultimately deny co-defendant’s motion for summary judgment to dismiss claims based on respondeat superior. The Appellate Division affirmed. Plaintiff was a sidewalk pedestrian who sustained personal injuries, when co-defendant’s […]
March 27, 2020
Defendant parking lot owner moved for summary judgment, which was denied. The Appellate Division reversed. Plaintiff alleged injuries after being struck by a vehicle in the parking lot. The Appellate Division found defendant had proved that the sole proximate cause of the accident was the negligence of the driver that struck the plaintiff.
March 26, 2014
Plaintiff’s motion for summary judgment was denied in this motor vehicle accident, involving defendant who was a volunteer firefighter responding to a fire at the time of this accident...
March 26, 2013
Defendant’s motion for summary judgment on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) was denied...
March 25, 2005
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