Mehmeti v. Miller, 196 A.D.3d 475 (2d Dept 2021)

After a jury trial, plaintiff moved to set aside the verdict pursuant to CPLR 4404(a), or alternatively for additur, and plaintiff’s motion was denied. The Appellate Division affirmed.Following a jury trial, plaintiff was found to have suffered a permanent consequential limitation of use of a body function, organ, or member and awarded $50,000 for 4 […]

March 27, 2021

Penaranda v. Tesoriero, 2021 N.Y. Slip Op. 3463 (2d Dept 2021)

Defendant’s summary judgment motion on the issue of liability, involving invocation of the emergency doctrine, was granted. The Appellate Division affirmed. Plaintiff alleges injury from a motor vehicle accident, when co-defendant’s vehicle crossed a double yellow line, struck plaintiff's vehicle head on in the opposing lane of traffic. The impact pushed plaintiff's vehicle backwards, into […]

Yi Di Chen v. Falikman, 186 A.D.3d 1295 (2d Dept 2020)

March 29, 2020

Singh v. Sukhu, 180 A.D.3d 834 (2d Dept 2020)

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

Grate v. Rodrigues, 179 A.D.3d 440 (1^st Dept 2020)

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

Wade v. Giacobbe, 176 A.D.3d 641 (1st Dept 2019)

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

Joseph v. Kelly, 178 A.D.3d 1028 (N.Y. App. Div. 2019)

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 […]

Gray v. Air Excel Serv. Corp., 171 A.D.3d 1026 (2d Dept 2019)

In this personal injury action, both plaintiff and the defendant driver alleged the other was driving inappropriately and aggressively, including stopping suddenly, tailgating, and swerving. After the vehicles came to a stop, a physical altercation took place.  The defendant driver pled guilty to misdemeanor assault and disorderly conduct.  Plaintiff sued defendant driver, as well as […]

Kang v. Bhullar, 167 A.D.3d 726 (2d Dept 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.

March 29, 2018

Haring v. Toscano, 162 A.D.3d 991 (2d Dept 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.

Robinson v. Cameron, 90 A.D.3d 635 (2d Dept 2011)

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

Rivera v. Lopez-Reyes, 203 A.D.3d 554 (1st Dept 2022)

Defendant’s motion for summary judgment pursuant to Insurance Law § 5102(d), was granted.  The Appellate Division affirmed...

July 26, 2022

Richards v. Lewis, 243 A.D.2d 615 (2d Dept 1997)

Defendant moved to dismiss the action as abandoned, pursuant to CPLR 3215, when plaintiff failed to seek a default judgment within 1 year of default. The lower court denied defendant’s motion, and the ...

March 25, 1997

Penaranda v. Tesoriero, 2021 N.Y. Slip Op. 3463 (2d Dept 2021)

Defendant’s summary judgment motion on the issue of liability, involving invocation of the emergency doctrine, was granted. The Appellate Division affirmed. Plaintiff alleges injury from a motor vehicle accident, when co-defendant’s vehicle crossed a double yellow line, struck plaintiff's vehicle head on in the opposing lane of traffic. The impact pushed plaintiff's vehicle backwards, into […]

March 27, 2021

Pena v. Spade, 145 A.D.3d 791 (2d Dept 2016)

Plaintiff was awarded summary judgment on the issue of liability in this motor vehicle accident.  The Appellate Division reversed. While defendant was attempting to make a right turn at the subject intersection, he struck plaintiff’s vehicle, which was parked in the parking lane. However, defendant testified plaintiff was parked entirely within the crosswalk.  "[A] violation […]

March 26, 2016

Padilla v. Felson, 28 A.D.3d 530 (2d Dept 2006)

Defendant denied permissive use in this motor vehicle accident, but summary judgment was denied.  The Appellate Division reversed...

March 25, 2006

Nasca v. Sgro, 130 A.D.3d 588 (2d Dept 2015)

In this action for false arrest, abuse of process and defamation, defendant’s motion for dismissal pursuant to CPLR 3211(a)(7) was granted. The Appellate Division affirmed.“A plaintiff cannot prevail on causes of action based upon false arrest [and] false imprisonment … if the arresting officers had probable cause to believe that [the plaintiff] committed the underlying […]

March 26, 2015

Ming v. Grossman, 133 A.D.3d 742 (2d Dept 2015)

Defendant was awarded summary judgment on the issue of liability in this action involving personal injuries from a motor vehicle accident.  The Appellate Division affirmed.  While travelling on an exit ramp off Grand Central Parkway, defendant was suddenly and without warning cut off.  Defendant braked hard and swerved, avoiding a collision with that vehicle, but […]

Mehmeti v. Miller, 196 A.D.3d 475 (2d Dept 2021)

After a jury trial, plaintiff moved to set aside the verdict pursuant to CPLR 4404(a), or alternatively for additur, and plaintiff’s motion was denied. The Appellate Division affirmed.Following a jury trial, plaintiff was found to have suffered a permanent consequential limitation of use of a body function, organ, or member and awarded $50,000 for 4 […]

March 27, 2021

Maya v. Town of Hempstead, 127 A.D.3d 1146 (2d Dept 2015)

Defendants and co-defendant Town were awarded summary judgment dismissal in this slip and fall case. The Appellate Division affirmed.Plaintiff alleged she tripped and fell due to a raised sidewalk flag adjacent to property owned by defendants, and located in co-defendant Town. “Generally, liability for injuries sustained as a result of negligent maintenance of or the […]

March 26, 2015