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
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 […]
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 […]
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
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
Congratulations to Gerard Ferrara for securing an affirmance of summary judgment before the Appellate Division, First Department. The case was heard before a panel including Hon. Dianne T. Renwick, Hon. Cynthia S. Kern, Hon. Anil C. Singh, Hon. Peter H. Moulton, and Hon. John R. Higgitt. This decision reinforces the strict evidentiary standards for proving […]
July 21, 2025
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
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
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 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
Plaintiff’s action was dismissed on default. Plaintiff’s motion to renew was granted, and the action reinstated. On appeal, the Appellate Division reversed...
March 26, 2014
