Abbaticchio v. Ass'n for the Help of Retarded Children, Inc., 161 A.D.3d 923 (2d Dept 2018)

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

Charlery v. Allied Transit Corp., 163 A.D.3d 914 (2d Dept 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 […]

Madtes v. Scher, 54 N.Y.S.3d 588 (2d Dept 2017)

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

Swinton v. Kamiyama, 147 A.D.3d 803 (2d Dept 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

Jung Hee Lee v. Viera, 145 A.D.3d 674 (2d Dept 2016)

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

Theo v. Vasquez, 136 A.D.3d 795 (2d Dept 2016)

Defendant was denied summary judgment on the issue of liability in this rear-end motor vehicle accident. The Appellate Division reversed.

Hartsuff v. Michaels, 139 A.D.3d 1005 (2d Dept 2016)

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 […]

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 […]

Joseph v. Interboro Ins. Co., 144 A.D.3d 1105 (2d Dept 2016)

Defendants were awarded summary judgment in this breach of an insurance contract action.  The Appellate Division affirmed. Prior to purchasing residential property in Brooklyn, plaintiffs' mortgage broker informed them they needed insurance. On plaintiffs' behalf, the mortgage broker contacted co-defendant insurance broker, to procure homeowners' insurance based on representations plaintiffs made in their loan application […]

Giovenco v. Abeshouse, 136 A.D.3d 744 (2d Dept 2016)

Defendant won summary judgment on the issue of liability, wherein his vehicle never made contact with plaintiff’s vehicle. The Appellate Division affirmed.

Marquez v. Torres, 250 A.D.2d 445 (1st Dept 1998)

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

Mapfre Ins. Co. of N.Y. v. Ferrall, 2023 NY Slip Op 01082 (2d Dept)

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

Malpeli v. Yenna, 81 A.D.3d 607 (2d Dept 2011)

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

Madtes v. Scher, 54 N.Y.S.3d 588 (2d Dept 2017)

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

Little v. Locoh, 71 A.D.3d 837 (2d Dept 2010)

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

Leonard v. Elite Investigations, Ltd., 221 A.D.2d 322 (2d Dept 1995)

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

Lawrence v. Palmer, 59 A.D.3d 394 (2d Dept 2009)

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

Krasnyuk v. Cocchi, 110 A.D.3d 852 (2d Dept 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. The Appellate Division reversed.

March 26, 2013

Kopilas v. Peterson, 206 A.D.2d 460 (2d Dept 1994)

Plaintiff’s action was marked off the calendar on consent. The action then was stagnant for 17 months, when plaintiff then contacted defendant to restore the action. The Appellate Division reversed.

March 21, 1994

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