Legal Opinion

Overhoff v. Perfetto

Appellate Division of the Supreme Court of the State of New York

Decided February 10, 2012PublishedCited by 14 opinions

1Opinion of the Court

*1256Memorandum: Plaintiffs commenced this action seeking damages for injuries allegedly sustained by Theresa Overhoff (plaintiff) when a vehicle operated by defendant collided with a vehicle driven by plaintiff. Supreme Court erred in denying defendant’s motion seeking summary judgment dismissing the complaint on the ground that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Defendant met her initial burden on the motion “by submitting medical records and reports constituting ‘persuasive evidence that plaintiffs alleged pain and injuries were related to…

2Cases cited4 opinions

  1. Pommells v. PerezNew York Court of Appeals · 2005
  2. Spanos v. FantoAppellate Division of the Supreme Court of the State of New York · 2009
  3. Smith v. BesanceneyAppellate Division of the Supreme Court of the State of New York · 2009
  4. Jaromin v. NorthrupAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by14 opinions

  1. Kwitek v. SeierAppellate Division of the Supreme Court of the State of New York · 2013
  2. BOROSZKO, BRENDA M. v. ZYLINSKI, GERALD J.Appellate Division of the Supreme Court of the State of New York · 2016
  3. Sywak v. GrandeAppellate Division of the Supreme Court of the State of New York · 2023
  4. Stroh v. KromerAppellate Division of the Supreme Court of the State of New York · 2022
  5. Gilbert v. DanielsAppellate Division of the Supreme Court of the State of New York · 2023

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