Legal Opinion
Mihalakis v. Liberty Lines
New York Supreme Court
Decided September 25, 1985Published
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Order entered November 19, 1984 (Silver, J.) affirmed, without costs.
Plaintiffs hired defendant’s van for transportation to Kennedy Airport and allegedly suffered heat prostration and dehydration due to the failure of the air conditioning in the van. Defendant moved for summary judgment dismissing the action, alleging that plaintiffs’ claimed damages for pain and suffering arose out of the "use or operation” of a motor vehicle (Insurance Law § 5103 [a] [1]) and no "serious injury” had been sustained (Insurance Law § 5102 [d]). Special Term held that the No-Fault Law…
3Cases cited7 opinions
- Licari v. ElliottNew York Court of Appeals · 1982
- Montgomery v. DanielsNew York Court of Appeals · 1975
- In re the Arbitration between Manhattan & Bronx Surface Transit Operating Authority & GholsonAppellate Division of the Supreme Court of the State of New York · 1979
- Maxwell v. State Farm Mutual Automobile InsuranceAppellate Division of the Supreme Court of the State of New York · 1983
- State Farm Mutual Automobile Insurance v. BrooksAppellate Division of the Supreme Court of the State of New York · 1981
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