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
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, 2003
Plaintiff appealed from a lower court order which denied her motion to reassert severed claims, in the trial of the remaining cause of action in the complaint, which had been severed; her cause of action for ...
March 25, 2003
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
Defendant moved to dismiss the action as abandoned, pursuant to CPLR 3215, when plaintiff failed to seek a default judgment within 1 year of default. The lower court denied defendant’s motion, and the ...
March 25, 1997
Plaintiff moved to dismiss defendant’s affirmative defense which would be barred by Workers' Compensation Law § 11. The Appellate Division affirmed denial of...
The Appellate Division affirmed dismissal for lack of personal jurisdiction. Plaintiffs' process server attempted to effectuate service on defendant pursuant to CPLR 308 (4) by affixing the summons to the door of a residence listed on the defendant's decedent’s death certificate. “However, because the mailing address on the death certificate was not a reliable indicator […]
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 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
Plaintiff moved to dismiss defendant’s affirmative defense which would be barred by Workers' Compensation Law § 11. The Appellate Division affirmed denial of...
March 25, 1997
Defendant’s motion for summary judgment was granted in this slip and fall case. The Appellate Division affirmed. Plaintiff alleges injury after falling on ice in a NYC parking lot owned by defendant. “Generally, a contractual obligation, standing alone, will not give rise to tort liability in favor of a third party… However, a party that […]
March 29, 2022
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...
March 25, 2010
In this multiple fatality case, commercial co-defendant’s motion for summary judgment was denied, and plaintiff’s motion was granted, finding all defendants liable as a matter of law. The Appellate Division affirmed. Plaintiffs’ decedent was a passenger in defendant’s vehicle, when the vehicle collided with co-defendant’s garbage truck, which was travelling in the oncoming direction and […]
March 27, 2022
Defendant was granted summary judgment on the issue of liability in this rear-end motor vehicle accident. The Appellate Division affirmed.
March 26, 2014
Plaintiff appealed from a lower court order which denied her motion to reassert severed claims, in the trial of the remaining cause of action in the complaint, which had been severed; her cause of action for ...
March 25, 2003
The Appellate Division affirmed dismissal for lack of personal jurisdiction. Plaintiffs' process server attempted to effectuate service on defendant pursuant to CPLR 308 (4) by affixing the summons to the door of a residence listed on the defendant's decedent’s death certificate. “However, because the mailing address on the death certificate was not a reliable indicator […]
March 25, 1997
Defendant’s motion for summary judgment was denied in this action involving injuries from a motor vehicle and bicyclist accident. The Appellate Division reversed...
March 26, 2014
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
