Co-defendant’s motion for summary judgment was denied in this wrongful death action involving a motor vehicle accident, with leave to renew after completion of discovery. The Appellate Division affirmed...
March 26, 2013
Plaintiff’s motion for summary judgment was denied in this motor vehicle accident, involving defendant who was a volunteer firefighter responding to a fire at the time of this accident...
Plaintiff was awarded summary judgment on the issue of liability. The Appellate Division reversed...
March 25, 2012
Defendant’s motion for summary judgment was denied in this slip and fall case. The Appellate Division reversed...
Plaintiff’s motion for summary judgment on the issue of liability was granted in this rear-end accident, wherein plaintiff’s vehicle was fully stopped...
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
Defendant’s summary judgment motion was denied in this action for slip and fall personal injuries. Defendant appealed, and plaintiff cross appealed...
March 25, 2011
Co-defendant moved for summary judgment on the issue of liability in this motor vehicle accident, which was denied...
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...
Defendant’s motion for summary judgment was denied by the lower court in these 3 consolidated actions for personal injuries stemming from a motor vehicle accident...
March 25, 2010
Plaintiff’s motion for summary judgment was granted by the lower court in this rear-end motor vehicle action case. The Appellate division reversed, and denied plaintiff’s motion based on issues of fact...
Congratulations to Gerard Ferrara for successfully modifying the Supreme Court's order, preserving the defendants’ affirmative defenses of comparative negligence. This decision highlights the nuanced application of comparative fault principles and the importance of maintaining viable defenses in personal injury cases. The case was heard in the Appellate Division, Second Department, before a panel including Hon. […]
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 granted. ..
July 25, 2007
Defendant was denied summary judgment on the issue of liability. The Appellate Division reversed, finding opposition raised no triable issues of fact as to the defendant’s lack of fault.
March 25, 2004
Third-party defendant’s motion for summary judgment was denied. The Appellate Division affirmed. Differing versions as to how the motor vehicle accident occurred, and conflicting testimony raised issues of fact as to proximate cause. Defendant alleged observing third-party defendant repeatedly changing lanes and speeding.
March 29, 2022
In this rear-end motor vehicle accident case, after plaintiff rested their case at trial, defendant moved for directed verdict pursuant to CPLR 4401, which was granted by the trial court. The Appellate Division affirmed.At trial, plaintiff testified that the vehicle he was driving was struck in the rear. However, plaintiff did not remember who struck […]
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 granted. The Appellate Division affirmed.Plaintiff’s chiropractor’s findings were not based on a recent examination, and plaintiff’s neurologist failed to offer contemporaneous findings.
March 25, 2007
Defendant was awarded summary judgment on the issue of liability in this motor vehicle accident. The Appellate Division affirmed. Plaintiff was riding his bicycle, when he made a left turn and struck defendant. "With few exceptions not relevant in this case, a person riding a bicycle on a roadway is entitled to all of the […]
March 29, 2022
Defendant’s motion for summary judgment was denied by the lower court in these 3 consolidated actions for personal injuries stemming from a motor vehicle accident...
March 25, 2010
Co-defendant’s motion for summary judgment was denied in this wrongful death action involving a motor vehicle accident, with leave to renew after completion of discovery. The Appellate Division affirmed...
March 26, 2013
