Legal Opinion

Vidal v. Maldonado

New York Supreme Court

Decided December 8, 2008Published

1Opinion of the Court

*187OPINION OF THE COURT

Paul A. Victor, J.

Relief Sought

Defendants Ricardo Maldonado and Zobeida Franco move for summary judgment pursuant to CPLR 3212 and dismissal of the complaint against them, for the failure of the plaintiff Victor Vidal to prove that he has sustained a “serious injury,” as that term is defined in section 5102 of the Insurance Law.

Another Frustrating Assembly Line “Serious Injury” Motion

The defendants’ motions and plaintiffs’ responses have become almost assembly line, “cookie cutter” prototypes; and attorneys for defendants (and most plaintiffs) have become expert on how to…

2Cases cited37 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  3. Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
  4. Licari v. ElliottNew York Court of Appeals · 1982
  5. Pommells v. PerezNew York Court of Appeals · 2005

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