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
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 […]
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’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
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.
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
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
Congratulations to Keri Wehrheim for securing a reversal in the Appellate Division, Second Department, on behalf of defendant Parking Systems Plus, Inc. The plaintiffs alleged that Alexis Kapoian-Trapani was injured in a Brooklyn parking garage managed by Parking Systems Plus under contract with the City of New York and the NYC Department of Transportation. The […]
October 22, 2025
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
