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 […]
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.
Co-defendant’s motion for summary judgment was denied in this wrongful death and medical malpractice action. The Appellate Division affirmed. Plaintiffs' decedent was a passenger in defendant’s vehicle; defendant was an employee of movant co-defendant, the commercial vehicle owner. After plaintiff’s death, his estate brought actions for wrongful death and medical malpractice. Multiple actions were consolidated. […]
March 27, 2018
Co-defendant vehicle owner’s motion for summary judgment was denied. The Appellate Division affirmed. A school bus owned by co-defendant came into contact with defendant’s vehicle in this lane change accident. Plaintiff was a passenger in the school bus. The court found there was conflicting evidence as to how the accident occurred, including which vehicle entered […]
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
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 was awarded dismissal pursuant to CPLR 3211(a)(5), on the basis of res judicata. The Appellate Division affirmed. Due to plaintiff's repeated failure to comply with court-ordered discovery, a conditional order of preclusion was issued. Plaintiff again failed to comply, and defendant moved for summary judgment which was granted. The court held plaintiff's failure to […]
March 26, 2016
Defendant was denied summary judgment on the issue of liability in this rear-end motor vehicle accident. The Appellate Division reversed.
Plaintiff was granted summary judgment on the issue of liability in this accident, wherein the defendant made a left-turn in front of the oncoming plaintiff’s vehicle, allegedly in violation of Vehicle and Traffic Law 1141. On appeal, the Appellate Division reversed, finding issues of fact as to whether plaintiff was a proximate cause of the […]
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
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, 1998
Congratulations to Keri Wehrheim for successfully demonstrating on appeal that the lower court erred in its interpretation of the law, securing a reversal in favor of Mapfre Insurance Company. This victory clarified the nuanced application of insurance exclusions and affirmed the importance of a thorough analysis of intent and policy language. The case was heard […]
July 17, 2025
Defendants were granted summary judgment in this declaratory judgment action, finding Mapfre Insurance was obligated to defendant and indemnify insured defendants. The Appellate Division reversed, and summary judgment was denied. Separate Respondents were involved in an altercation outside a bar, in which insured Respondent struck Co-respondent in the head with a baton. Co-respondent commenced a […]
March 29, 2023
Defendant’s motion for summary judgment was denied in this personal injury and wrongful death action. The Appellate Division reversed, and dismissed the action against defendant-passenger...
March 25, 2011
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 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 25, 2010
Commercial defendant’s motion for summary judgment denied, in this motor vehicle accident involving a denial of permissive use. The Appellate Division reversed, noting defendant submitted sufficient proof to establish its vehicle was being driven without its permission...
March 22, 1995
Plaintiff’s motion for a default judgment pursuant to CPLR 3215 was denied, and defendant’s request to compel acceptance of their late answer was granted...
March 25, 2009
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
