Legal Opinion

Gaddy v. Eyler

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

Decided May 30, 1991PublishedCited by 30 opinions

1Opinion of the Court

OPINION OF THE COURT

Weiss, J.

In this action to recover damages for personal injuries sustained on June 17, 1987 when plaintiffs vehicle was struck from behind, defendant has successfully moved for summary judgment based upon the absence of any "serious injury”. Supreme Court, relying principally on this court’s decision in Pasqualino v Murphy (149 AD2d 779), held that plaintiffs chronic cervical and lumbosacral sprain and strain, which her physicians state have resulted in decreased range of motion of the cervical and lumbar spine, even if credited as true "simply do not rise to the level of…

2Cases cited18 opinions

  1. Licari v. ElliottNew York Court of Appeals · 1982
  2. Scheer v. KoubekNew York Court of Appeals · 1987
  3. Dwyer v. TraceyAppellate Division of the Supreme Court of the State of New York · 1984
  4. Filippo v. WhiteAppellate Division of the Supreme Court of the State of New York · 1984
  5. Kordana v. PomellitoAppellate Division of the Supreme Court of the State of New York · 1986

13 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Countermine v. GalkaAppellate Division of the Supreme Court of the State of New York · 1993
  2. Cesar v. FelixAppellate Division of the Supreme Court of the State of New York · 1992
  3. Kim v. CohenAppellate Division of the Supreme Court of the State of New York · 1994
  4. Delaney v. LewisAppellate Division of the Supreme Court of the State of New York · 1998
  5. Hemmes v. TwedtAppellate Division of the Supreme Court of the State of New York · 1992

25 more not listed; retrieve them via the Exa API.

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